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(영문) 수원지방법원 안양지원 2015.12.10 2015고단1569
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On September 2011, the Defendant entered into a credit guarantee agreement with the Korea Credit Guarantee Fund for the loans for corporate purchase funds with the Korea Credit Guarantee Fund and entered into an enterprise purchase card lending agreement with the Korea Credit Guarantee Fund (hereinafter “victim bank”) under the credit guarantee agreement issued by the Korea Credit Guarantee Fund.

On October 31, 2012, the Defendant, at the office of the above E-stock company (hereinafter “E-stock company”) around October 31, 2012, entered false details of transactions as if E-stock company purchased electronic parts from F (representative G), and applied for loans equivalent to the above amount of corporate purchase funds from the victim bank, despite the absence of the fact that E-stock company purchased electronic parts from F (representative G).

The Defendant, by deceiving the staff of the victim bank, received KRW 60,000,000 as a loan for corporate purchase from the victim bank to the F account, and acquired the said money by means of transferring this amount to the E account of the stock company.

In addition, from that time until April 2, 2013, the Defendant acquired 430,000,000 won in total from the victim bank as a loan for corporate purchase by the same method over ten times, such as the statement in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A complaint;

1. Investigation reports (G telephone conversations), investigation reports (Submission of relevant data, such as details of account transactions), investigation reports (Attachment to a family relation certificate);

1. Application of Acts and subordinate statutes governing a sales contract, an inquiry into an electronic commerce contract, a list of total tax invoices by seller, company basic information, and entire registered matters;

1. Criminal facts;

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