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(영문) 대전지방법원 2019.03.14 2018고단3719
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 and B were punished as co-offenders of the violation of the Attorney-at-Law Act, and the defendant had been aware of the victim C through the branch around 2010 and had attempted to provide bank loan services.

The defendant, upon receiving a request from the victim to introduce a person who will help the process of lending funds for patent registration and operation of the company that he operates, intended to introduce B and make personal consumption by receiving expenses, etc.

On December 14, 2013, the Defendant introduced B B to the victim at the office of the Defendant located in Seo-gu Daejeon District Office, Seo-gu, Daejeon, the Defendant introduced B as an expert in support of grant of patent and government policy loans, and B falsely concluded that “The Korean Intellectual Property Office is well aware of the public official in senior position and is able to obtain the patent registration, and the Small and Medium Business Corporation is also able to obtain the loan of policy funds without patent technology if it is so requested. The public official of the Korean Intellectual Property Office is 20 million won, and the public official of the Korean Intellectual Property Office is 30 million won after the Small and Medium Business Corporation and 30 million won upon request.”

However, it was well known that B had no intention or ability to actually get a loan of policy funds due to the fact that B was tried for a violation of the Attorney-at-Law Act along with the victim's personal use of money.

On January 17, 2014, the Defendant, together with B, was accused of the victim and transferred KRW 30 million to the F safe account (G) in the name of the Defendant on January 17, 2014.

On February 19, 2014, B continued to hear the gift certificates from the Defendant’s office, B made a false statement to the effect that “B shall buy gift certificates to the Small and Medium Business Corporation, which was known to obtain a loan well, and to request KRW 300,000,000,00,000 to obtain a loan,” although the Defendant did not think of the fact-finding gift certificates to the victim. This is the victim.

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