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(영문) 울산지방법원 2012.11.08 2012고단359
사기
Text

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

However, 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

On September 30, 2010, the Defendant was sentenced to a suspended sentence of 2 years for the crime of altering official documents at the Ulsan District Court, which was sentenced to 8 months of imprisonment, and the said judgment became final and conclusive on October 8 of the same year.

The Defendant, together with E and F, is a person who has engaged in the trade of heavy equipment business under the trade name of E and F.

E and F obtained a loan of KRW 483 million in the name of E from the Treatment Capital Co., Ltd. (hereinafter “Treatment Capital”) on June 30, 2008 in the name of E in order to believe that he/she would have a middle and high-ranking farmer purchase the horses of H and to prepare the purchase price, and used the amount of KRW 130 million in personal use by F, and paid KRW 150 million in the repayment of the existing obligations under the name of E, and paid the remainder to H in installments under the name of purchase price, but it was impossible to purchase the click due to H’s fraud.

On the other hand, at the time of receiving the above money from Daewoo Capital, E and F provided his cream as security by arbitrarily preparing a certificate of transfer without permission from J and K, a branch owner of the IS corporation, and Daewoo Capital, which became aware of such fact, demanded the borrower E, a debtor, to provide a lump sum repayment of the loan or a substitute in lieu of the above false security.

The E and F, which had no means to repay the loan temporarily, decided to request the victim D who has been highly related to the defendant at the time of consultation with the defendant to provide the victim with the security for the loan of the victim. On September 22, 2008, the fact that the victim has already been granted a loan by obtaining the loan, and as if the purchase of the loan was made by obtaining the loan from the victim, the purchase is offered as security and the victim's purchase of the loan is made as if the purchase of the loan was made by obtaining the loan from the victim, then the victim will be offered as security and the victim will be offered as security at the cancellation of the security.

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