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(영문) 청주지방법원 2015.01.15 2014고합108
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant established D (hereinafter referred to as “D”) but became aware of the fact that the Defendant could receive a loan from a financial institution as security through consultation with the Small and Medium Business Corporation while he was aware of the fact that the funds for preparing factory sites, buildings, crushing machinery, etc. were not in place.

Upon receipt of a request for the submission of a "tax invoice by purchase or sale place" in the application for a letter of guarantee, the Defendant did not have any record of purchase or sale because there was no infrastructure to produce the actual product at the time. However, the Defendant issued a sales tax invoice as if D supplied "Plastics, Motor Vehicle Parts, etc." to E, and attempted to use the false sales tax invoice for the introduction of H against the I (business number J, Representative K) and L (business number M, Representative N) trading with E.

On April 11, 201, the Defendant filed an application for the issuance of a letter of guarantee from the Korea Credit Guarantee Fund (hereinafter “FH”) with the Korea Credit Guarantee Fund (hereinafter “FH”) located in the Hague Office in Gangnam-gu Seoul, Seoul, for the payment of KRW 900,000,00, with “D’s entire registration matters,” the Defendant’s resident registration, etc., a certified copy and abstract of the Defendant’s resident registration, the Defendant’s business registration certificate, and the business opening list,” and filed an additional application for the issuance of a letter of guarantee from the Korea Credit Guarantee Fund with respect to “other driving fund loans 249,000,000,000” at the same location around April 18, 2011. However, the tax invoice submitted by the Defendant was issued falsely as indicated in the attached tax invoice, and there was no fact that the Defendant supplied D products to E, I, and L. The Defendant did not know the victim’s loan to the Korea Credit Guarantee Fund at all times.

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