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(영문) 서울북부지방법원 2018.11.28 2018고단2414

사기

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In around 2005, the defendant was the chairperson of the Seoul Metropolitan Autonomous Council in Seoul around 2005 and became aware of the victim E who was the executive secretary of the residents' autonomous council in Seoul.

In early 2008, the Defendant: (a) stated that “The Defendant is constructing a hotel at his own government, and the constructor is doing poor construction; (b) introduced the constructor; and (c) had a hotel construction site located in his own city with F introduced by the victim and the victim; and (d) accordingly, the victim was aware that the Defendant was the owner of the above hotel and the said hotel was to be newly constructed.

On May 26, 2008, the Defendant made a false statement to the victim that “I will make a repayment without mold one month after the loan of 10 million won to the victim” at the instant coffee shop located in Namyang-si, Namyang-si, 2008, and on June 30, 2008, the Defendant continued to make a false statement to the victim that “I would make a loan of money from H hotel-related Credit Guarantee Fund as interest amounting to KRW 80 million.”

However, on June 13, 2007, the Defendant was issued a credit guarantee certificate of KRW 6.5 billion as a guarantee for corporate facility loan at the Mapo branch of the Korea Credit Guarantee Fund. However, on June 28, 2007, the Defendant deposited KRW 2.5 billion in the account of the Defendant’s term deposit in the name of the Defendant at the branch of the Korea Credit Guarantee Fund branch of the Korea Credit Guarantee Fund, which is a loan bank, from the 6.5 billion loan at the branch of the Korea Credit Guarantee Fund. On September 28, 2007, upon the Defendant’s consent on September 28, 2007, the Defendant requested the Korea Credit Guarantee Fund to issue an additional letter of credit guarantee against the Defendant, but the issuance of the letter of credit guarantee was restricted due to the reasons such as overdue interest on loans, seizure of the workplace, etc., and the establishment of additional hotel for 1.2 billion in total by establishing the new hotel for each of the following new businesses: K, and M as at January 21, 2008.