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(영문) 수원지방법원 안산지원 2015.07.03 2013고단2040 (1)
사기등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] The Defendant was sentenced to one year of imprisonment for a violation of the Customs Act at the Seoul Central District Court on June 24, 201, and the judgment became final and conclusive on July 2, 201. On October 10, 2011, the said judgment became final and conclusive on November 16, 201 after having been sentenced to six months of imprisonment for a violation of the Punishment of Tax Evaders Act by the same court. On May 4, 2012, the same court was sentenced to one year of imprisonment for a crime of fraud, etc. and was released on June 22, 2012 after the said judgment became final and conclusive on April 6, 2013.

【Criminal Facts】

"2013 Highest 3123"

1. Joint crimes with Defendant A and Defendant B

A. (State) AO’s trade financing fraud Defendants submitted a false application document to obtain export credit guarantee certificate from the Korea Export Insurance Corporation, and received the export credit guarantee certificate from the Korea Export Insurance Corporation. Based on this, the Defendants conspired with the victim bank to obtain the loan, and conspired to obtain the loan. The Defendants falsely prepared the export performance necessary for the loan. The Defendants (State) AP, the actual company of AO, entered AP in the name of AP as the representative director, and requested documents necessary for the loan. A Q, the branch office, signed the loan application document, export performance document, etc., and AR took charge of signing AR as the guarantor in the loan-related documents.

According to the above conspiracy, the Defendants: (a) there was no annual export transaction record of US$431,796; (b) there was no sales record of AS of KRW 776 million; (c) KRW 582 million; (d) KRW 436 million; and (e) there was no sales record of AV KRW 4776 million; (e) KRW AW KRW 353 million; and (e) KRW 264 million in AX, even though there was no purchase record of KRW 264 million, the Defendants prepared documents related to loan applications, such as commercial status list, export performance confirmation, financial statements, and tax invoices, with which the performance has been attached.

The Defendants, along with Q, submit the false documents to the employees in charge of the name misstatements at the Sung-gu branch of the Bank of Korea located in Dobong-gu, Young-gu, Seoul in the Gyeonggi-do around September 5, 2008, and the victim bank.

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