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(영문) 대구지방법원 2017.02.10 2015고단1655
사기
Text

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

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

Reasons

Punishment of the crime

Defendant

A operated D Co., Ltd. (hereinafter referred to as “D”) for the steel structure manufacturing business in Gyeong-gun, Gyeong-gun, Gyeong-gun, and E was engaged in the loan brokerage business of construction machinery in the name of “G” in the name of “Seoul-gu, Daegu-gu, and H operated J (hereinafter referred to as “J”) in Gyeong-gun, Chungcheongnam-gun, Gyeong-gun.

H around 2011, while the liabilities of J amount to KRW 2.1 billion and the individual bonds have aggravated due to financial conditions, such as around KRW 600,000,000,000 in the name of K company through E around January 2013, H used the loan of KRW 160,000,000 in the name of K company by borrowing and using the loan of KRW 160,000,000 in the name of K, again, received a loan from Aju Capital Co., Ltd. (hereinafter “Aju Capital”) from L in the name of L, and repaid the existing loan, and made a loan by changing the name of the loan holder and the loan company.

H and E need to be the nominal owner of other loans in order to repay the loans received under the above L’s name. Around March 19, 2013, the above D office offered that the Defendant, the representative of the above D office, obtained loans for purchasing loans in the name of D and used them for each own necessary funds, and the Defendant accepted them and offered a mutual recruitment to implement a “public loan” for the term “public loan” for the loans to which D would actually acquire and hold the loans in the name of D, as if D actually purchased and possessed them.

E received the above loan application documents from the victim N Co., Ltd. on the 9th floor of Busan Jin-gu Busan Metropolitan City M building, and completed as if D actually purchased and possessed P 16 tons of a P from O, and applied for a loan against security of KRW 80 million with the necessary funds.

However, in fact, the defendant, E, and H applied for a loan to lend funds in the form of the loan of the purchase fund to the company without the intention to purchase and hold the company in the name of D.

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