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(영문) 서울남부지방법원 2020.06.12 2019고합190
특정경제범죄가중처벌등에관한법률위반(사기)등
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 became final and conclusive.

Reasons

Punishment of the crime

The “stock company B (hereinafter referred to as “B”) is a corporation for the purpose of online education services, etc., the “stock company C (hereinafter referred to as “C”)” and “D Co., Ltd. (hereinafter referred to as “D”) are affiliated companies B, and the Defendant is the general director, D’s representative director, and C’s actual operator.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Defendant: (a) anticipated net loss in D’s market; (b) prepared false financial statements by issuing false sales tax invoices; and (c) around January 2017, G of the D office located in the building E of Yeongdeungpo-gu Seoul Metropolitan Government to use the loan based on the false financial statements; and (b) required G of the head of the accounting division to submit false sales tax invoices of “1,87,00,000,00 won” (including additional tax); (b) the date of issuance to the recipient “B”; (c) the amount of 143,00,000,000 won (including additional tax); and (d) the amount of 20,000,000 won (including additional tax); and (c) the date of issuance to the victim’s 30,000,000,000 won (including additional tax invoices); and (c) the amount of 1,000,00,00 others (1.

However, the defendant submitted a false financial statement to obtain a loan from the victim, and even if he received a loan from the victim at the time, he did not have the intention or ability to repay it.

Nevertheless, the defendant deceivings the staff in charge of credit in the victim I bank as above.

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