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(영문) 춘천지방법원 2018.01.09 2016고합105

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment with prison labor for five years and for two years, respectively.

However, this judgment is delivered to Defendant C.

Reasons

Punishment of the crime

Defendant

A is a representative director of H who manufactures and exports TV, etc. (ju) and has been engaged in overall control over the operation of H, such as accounting and business. A is a person in charge of accounting and fund management when B actually operates (ju) as a representative director from February 2, 201 to May 2015.

Defendant

C is the representative director of J (State), K (State) K established for the purpose of manufacturing and selling electronic equipment, such as TV and panel.

1. Joint crimes committed by Defendant A and Defendant C

A. On April 23, 2012, Defendant A violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) entered into a loan agreement on KRW 200 million with the branch of venture business with the victim bank (ju). On April 4, 2014, the lending limit was increased to KRW 700 million, and on April 22, 2016, the lending limit was extended to KRW 555,000,000 by June 22, 2016.

Defendant

A In purchasing goods from the customer after entering into an agreement on loans for corporate purchase with the bank, if a bank submits an account statement of the other customer’s sales account to the bank, the bank would make use of the loan for corporate purchase in the manner of depositing a loan equivalent to the purchase funds into the passbook exclusive for settling accounts for the purchase funds by the other customer, and in fact, it would like to use the loan for corporate purchase funds from the Defendant C’s operations (State), J, and (State) K in the absence of the purchase of goods from the Defendant C’s (State), J, and (State) K in the manner of submitting the false account statement of the purchase to the bank, the bank would make payment for the goods from the venture branch of the victim bank to the K under the pretext of the loan for corporate purchase funds, and the bank would receive the money for the goods paid by the Defendant C to the Defendant C in the manner of using the funds for corporate operation funds.

Accordingly, Defendant A, on September 11, 2015, shall be J. (State) at the office of Hongcheon-gun L (State), Hongcheon-gun, Hongcheon-gun (State).