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(영문) 서울중앙지방법원 2012.10.12 2012고합529
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of two years.

Reasons

Punishment of the crime

[2012Gohap529] Defendant A was a person who worked as a business president at the entertainment drinking house “K” (hereinafter “K”) at the Gangnam-gu Seoul J hotel underground, Gangnam-gu, Seoul, and Defendant B became aware of the shares of the said business establishment as a person who has been aware of such shares.

On February 2, 2010, the Defendants provided a loan to the victims of Gangnam's entertainment establishments (hereinafter referred to as "masting loan") to the employees of Gangnam's entertainment establishments, such as a prompt term "mast" and "specialized loan for entertainment establishments (hereinafter referred to as "masting loan"), and upon being aware of the fact that the loan is made by using the "blosting loan", the Defendants provided a request to the victims of Gangnam's entertainment establishments to jointly operate a new entertainment establishment by receiving the loan through the method and arrange the loan to obtain the above blorder, and agreed that the Defendant B provided a lease cost once, and Defendant A provided a loan to the employees of the entertainment establishments, and prepared all the matters with the loan, and divided the business profit into 50:50.

Accordingly, around April 2010, the Defendants paid KRW 200,000,00 to Defendant B with the knowledge that the entertainment tavern “N” located on the first floor of Gangnam-gu Seoul Metropolitan M (hereinafter “N”) was in suspension of business, and then changed the name of the business to “O” after taking over the business, and Defendant B knew of the business, and obtained a loan as above on the ground that Defendant B knew P was a so-called “the head of the branch office.” However, the prepaid payment document amounting to 150% of the loan required at the time of applying for Maaling loan as above is the employee who received the prepaid payment through the seal, etc., and as the business operator of the said P P, who is the business operator of the said Ma (hereinafter “the instant entertainment tavern”) applied for a loan under the name of the “O” (hereinafter “the instant entertainment tavern”), and conspired to receive the loan by deceiving the person in charge of the daily savings bank.

Defendants.

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