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(영문) 서울북부지방법원 2013.10.17 2013고단412
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the representative director of (ju) D, a corporation established for the purpose of clothing wholesale business, etc. in Dongdaemun-gu Seoul, committed a false export performance of a lending company in collusion with E even if he did not have the ability to repay the loans due to the difficulties in the financial situation of the above company, and received export credit guarantee from the Korea Trade Insurance Corporation or the financial institution delegated by the Korea Export Insurance Corporation, and received the export credit guarantee from the financial institution. Based on this,

1. Around April 8, 2009, the Defendant submitted false export performance data stating that “The export performance amount of KRW 208,701,990 exists from August 8, 2008 to January 2009” while applying for export credit guarantee and trade credit loan prior to shipment in the name of Korea, at the 3rd branch of Korea bank located in Gangnam-gu, Seoul, Seoul, 680, and at the same time, transferred KRW 100 million to the Korean bank account in the name of Korea under the name of Korea bank account in the name of the above State as security.

However, the (State)D did not have such export performance, and there was no intention to repay the loan normally.

Accordingly, the defendant deceivings the victim and obtained KRW 100 million as a trade financing loan.

2. The Defendant, around November 9, 2009, filed an application for export credit guarantee and trade finance loan prior to shipment in the name of Korea bank in the name of Korea (State) from April 2009 to December 2009, submitted false export performance data with the effect that “(State) has the export performance amounting to USD 518,905 from April 2009 to December 2009.” At the same time, the Defendant issued an export credit guarantee certificate from the victim bank and offered as security an export credit guarantee certificate with the trade financing loan amounting to KRW 80 million under the trade financing loan name around November 10, 2009, and around November 19, 2009, KRW 100 million including KRW 20 million under the trade financing name of Korea (State).

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