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(영문) 전주지방법원 군산지원 2014.06.25 2014고단249
사기미수
Text

Defendants shall be punished by imprisonment for ten months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant B, around June 201, established A and F, and received a loan from a financial institution as collateral for a factory and site to purchase from a factory and site. However, as the business fund falls short of the business fund, Defendant B failed to obtain a loan from a H cooperative by preparing a false machinery sales contract, a machinery and appliances specification, and a transaction statement.

Around August 201, the Defendant submitted a false contract for the sale and purchase of machinery equivalent to KRW 390,500,000,000, which was written falsely to an employee in charge of loan in the former So-gu Seoul Special Metropolitan City from the former So-gu branch of the He Cooperative. Around August 2011, the Defendant applied for a loan of KRW 130,000,000,000, which is equivalent to KRW 30%.

However, the fact was that the machinery sales contract, machinery specifications, and transaction specifications submitted by the defendant at the time were prepared by falsity even if the actual sales contract was not entered into, and even if the machinery sales price was extended by more than the actual price to obtain a loan, it could not be a security corresponding thereto.

As a result, the defendant deceiving the employees in charge of lending the victim, and attempted to defraud about KRW 130 million from the victim, but he did not approve the loan after the victim's loan examination.

2. Defendant A is operating the Victim B, F and (State)G as a partnership business.

Upon considering the loss, using a false mechanical sales contract as stated in paragraph (1), the victim brought a lawsuit seeking payment of the purchase price against the victim and brought the loss to compensate for the loss.

On December 3, 2013, the Defendant submitted a written complaint to the Jeonju District Court, a Gunsan Branch of the Seoul District Court, which was located in 68 as the court of Gunsan-si, stating, “B shall pay KRW 390,500,000,000,000 for the mechanical sale purchased on June 7, 201.”

However, the defendant sold machinery equivalent to KRW 390,500,000 to the victim.

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