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(영문) 서울중앙지방법원 2013.10.02 2012고합871
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Of the instant facts charged, the term “J” loans to entertainment taverns.

Reasons

Punishment of the crime

From September 2009 to December 2, 2009, the Defendant operated the “J” entertainment tavern on the first floor of the Gangnam-gu Seoul Lbuilding underground, and generated “K” on the first floor of the building located in Gangnam-gu, Seoul from December 2009 to June 201.

around August 2010, the Defendant received a “P” entertainment tavern from the first floor of the building underground in Gangnam-gu Seoul, Seoul, on the ground of N as the head of the N branch, and changed the trade name from “P” to “ Q”, and Q from “R” to “R”, and operated an entertainment tavern from “P” to October 2011.

1. Under the circumstance that the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) related to lending to entertainment taverns, in relation to the lending of entertainment taverns, it is difficult for the Defendant to raise money to take over and operate entertainment taverns as well as there is no other property, the Defendant, through S, a loan broker, to the victim of the Japan Mutual Savings Bank (hereinafter “victim Mutual Savings Bank”) to grant a prepaid loan to the proprietor of the entertainment tavern business in Gangnam-do (hereinafter “the victim bank”) as collateral for entertainment taverns, with the knowledge that there was “a prepaid loan for entertainment tavern business”, and did not have engaged in the relevant entertainment tavern, and did not have received a prepaid payment, made a false prepaid document by pretending the employees of the relevant entertainment tavern, and intended to receive a loan by providing it as collateral documents to the victim bank.

Around August 2010, the Defendant, as an employee of the “P” entertainment drinking club, prepared a false Maling document, such as a false certificate, power of attorney, employment contract, employee contract, loan agreement, promissory note, notes, cash custody certificate, etc., as if he received the advance payment amounting to KRW 25 million in the “P” entertainment drinking club, and the Defendant, as if he paid KRW 325 million in total as advance payment, to 30 million in the attached list of crimes (3), 5, and 6 of the “PP”.

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