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(영문) 서울동부지방법원 2018.10.04 2018고합135
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A shall be punished by imprisonment for three years.

Defendant

Of the facts charged against A.

Reasons

Punishment of the crime

[2018 Gohap 135] Some of the facts charged were revised in line with the relation of evidence to the extent that it does not interfere with the defendant's exercise of his/her right to defense.

Defendant

A is a person who has worked as a business director of J Co., Ltd. (hereinafter referred to as the "J" and other stock companies also omit its indication from the second) established in Hanam City I for the purpose of clothing retail business, etc.

Defendant

A and K, around April 18, 2013, when a victim L Co., Ltd. (hereinafter “M Co., Ltd.”; hereinafter “victim Co., Ltd.”) and a victim Co., Ltd. lend funds necessary for the purchase of new commodities by a garment seller as collateral to movable property owned by a garment seller, J shall perform the duty of evaluating the collateral; the victim Co., Ltd. shall perform the duty of evaluating the collateral; and the victim Co., Ltd. shall pay 2.5% of the loan to J; and the “J shall jointly and severally guarantee the debtor’s obligation to the victim Co., Ltd.; if the debtor fails to pay his/her debt, the J has concluded a special agreement accepting the debtor’s obligation with the discharge of the obligation; and has conducted the duty of evaluating the collateral.

However, Defendant A and K failed to obtain expected profits because they did not make a smooth solicitation of clothing distributors applying for loans to the victim company, and the business funds of J were needed due to excessive loans to other financial institutions.

Accordingly, on April 24, 2013, Defendant A and K applied for a loan of 200 million won in the clothing movable property of KRW 200 million to the staff of the victim company located in N in Gangnam-gu Seoul, for a loan of the garment movable property of KRW 30,129, the appraised value of KRW 200,000,000,000,000,000,000,000,000,000,000 won.

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