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(영문) 서울남부지방법원 2014.06.12 2013고단4279

사기

Text

Defendants shall be punished by imprisonment for one year.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B On January 28, 2014, the Seoul Southern District Court sentenced 1 year of suspended sentence to a violation of the Debtor Rehabilitation and Bankruptcy Act, and the judgment became final and conclusive on February 5, 2014.

Defendant

A is the representative director of H (hereinafter referred to as “H”) in Busan Dong-gu G, and Defendant B is the representative director of Geumcheon-gu Seoul Metropolitan Government J (hereinafter referred to as “J”).

J and H concluded a loan agreement between the victim bank on August 25, 201 to obtain a loan from the Bank of Korea as collateral for credit sales claims on the goods sold by J to H, and H entered into between the victim bank and the victim bank on August 24, 2011 and the victim bank on August 24, 201, respectively.

On the other hand, the victim bank's "electronic credit sales claim security loan" is a system that provides a loan to a company as security so that it can be commercialized at an early stage, and the specific procedure is conducted through the Internet site, etc. of e-MP (e-Met) after the above loan contract and use agreement. The specific method is ① a loan contract for the "electronic credit sales claim security loan" between the victim bank and the victim bank (the victim bank to transfer the credit security loan to the victim bank as security). The part of the "transfer bond indication" of the contract is stated as the "transfer bond indication" in the "transfer bond indication" to the effect that the debtor is supplied goods or services from the transferor of the credit on the basis of the contract and is stated as the "sale bond to the debtor electronically registered through the bank by determining the amount and the date of payment to pay for the credit sales bond, etc." from the goods purchasing company to the victim bank.