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(영문) 인천지방법원 2014.12.04 2014고단3837
사기등
Text

Defendant

A Imprisonment with prison labor for one year, for six months, for six months, for four months, for each of the defendants C and D.

(b).

Reasons

Punishment of the crime

1. Defendant A and Defendant B conspiredd to easily guarantee the loan of start-up capital when only a store lease contract, business registration certificate, etc. are available to the ordinary people for the convenience of the ordinary people in the credit guarantee foundation, and Defendant B conspired to obtain the loan from the above foundation to use the loan from the financial institution with the loan guarantee of the above start-up capital and to use the loan for the purpose of personal debt repayment, etc. of Defendant B.

Defendant

B around April 2012, at the office of Defendant A located in Bupyeong-gu Incheon Metropolitan City, a certified copy of his resident registration, a certificate of personal seal impression, a passbook, etc., and Defendant A obtained a business registration under the name of J as the representative of Defendant B through his own employees, etc. around the above date, and then submitted an application for a credit guarantee to the effect that, at the office of the Incheon Credit Guarantee Foundation located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City, a letter of credit guarantee that, “I would have a guarantee to obtain a loan of 30 million won for the start-up capital to be used for the purpose of the start-up of the JJ,” the applicant submitted a store lease contract, a business registration certificate, etc. to the effect that the loan was used for the operation of the above company, and then deceiving the loan was issued a credit guarantee certificate from the above employees. Around May 31, 2012, Defendant A obtained a loan of KRW 30 million with the above credit guarantee from the above employees, thereby making profits equivalent to the above amount of the loan.

2. Defendant A and Defendant C’s public offering pretended that Defendant C is operating a beverages wholesale retail company with L, by easily making it possible for credit guarantee foundations to guarantee the loan of start-up funds with only store lease contract, business registration certificate, etc. for the convenience of the ordinary people.

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