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(영문) 서울동부지방법원 2018.10.18 2018고합107
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendant's exercise of the right of defense, part of the facts charged was revised in accordance with evidence relations.

The Defendant is a representative director of C (hereinafter referred to as “C”) a corporation established for the purpose of wholesale and retail business, etc. of clothing in Hanam-si, and D is a person who served as a business director of the above C.

Around April 18, 2013, the Defendant and D entered into a contract with the victim E Co., Ltd. (hereinafter “F Co., Ltd.”; hereinafter “victim Co., Ltd.”) and the victim Co., Ltd. to lend funds necessary for the purchase of new goods by security to a garment seller as collateral. C performs the duty of evaluating security; the victim Co., Ltd.’s business agreement on the evaluation of security against movable property with a charge equivalent to 2.5% of the loan to C; and the “C” and “a special agreement with the effect that C will guarantee the debtor’s debt to the victim company and accept the debtor’s debt exempted from liability if the debtor defaults on his/her debt” and conducted the duty of evaluating security.

However, the defendant and D could not obtain expected profits because they did not make a smooth solicitation of clothing sales business operators applying for loans to the victim company, and C's business funds were needed due to excessive loans to other financial institutions.

Accordingly, on April 24, 2013, the Defendant and D applied for a loan of 200 million won of the clothes security to H in charge of the victim company's office located in Gangnam-gu Seoul Metropolitan Government for the use of funds to purchase the goods in the name of "J" operated by I" from the victim company's office in Gangnam-gu, Seoul, and at the same time, the Defendant and D applied for a loan of 200 million won of the clothes security to I as the debt. The security of the clothing 30,129 points, such as the original spaker owned by

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