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(영문) 서울중앙지방법원 2016.07.05 2016고정958
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

C while managing D, E, and F Co., Ltd., which have no business substance, issued a false employment certificate, employment income source collection statement, wage statement, etc. as if they were in office in the above company, and intended to obtain loans by guiding the applicant for the above credit loan to the method of lending.

Around February 2015, the Defendant received a proposal from the above C to use funds necessary for the fishery products distribution business in the above manner, along with the proposal, and consented to the loan, and then issued the above C a copy of resident registration necessary for the loan application and a copy of the Nonghyup Bank (Account Number: G) in the name of the Defendant.

Accordingly, the above C applied for a credit loan in the name of the defendant by submitting a false certificate of employment as if the defendant worked in the company F, at the victim HK Savings Bank located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and at that time, the defendant was employed in F and received a monthly wage for every month for a loan employee with whom the name of the victim HK Savings Bank is unknown.

A false statement was made.

However, the Defendant, together with the above C, intended to obtain the loan by submitting a false certificate of employment, etc. from the beginning, and did not have any condition to receive the loan because he/she was in office F, a corporation, and did not receive the benefit.

In collusion with the above C, the Defendant: (a) by deceiving a staff member in charge of the Victim HK Savings Bank; (b) received KRW 11,500,000 from the Victim HK Savings Bank as a loan on February 16, 2015, from the Defendant’s account under the name of the Defendant; and (c) received KRW 26,50,000 from around that time to April 10, 2015, total sum of KRW 26,50,000 from the above four occasions in the following manner, as shown in the List of Crimes (1).

Summary of Evidence

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