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(영문) 서울동부지방법원 2018.12.20 2018고합286
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendants are innocent.

Reasons

1. Summary of the facts charged

A. Defendant A is the representative director of F Co., Ltd. (hereinafter “F”) established for the purpose of the Do retail business, etc. of clothing in Hanam-si, Hanam-si, and G is the representative director of J Co., Ltd. (hereinafter “J”) established for the purpose of the Do retail business, etc. of the Hanam-si, H building I and K is the business director of J.

On April 18, 2013, the Defendant entered into an agreement with the victim L Co., Ltd. (hereinafter “M Co., Ltd.”) (hereinafter “victim Co., Ltd.”) and “F to provide funds necessary for the purchase of new goods as security by the victim Co., Ltd. as security,” and “F to perform the duty of evaluating the security of clothing movable property; and the victim Co., Ltd. pays 2.5% of the amount of loan to F to F; and the “F shall jointly and severally guarantee the debtor’s obligation to the victim company; if the debtor defaults on his/her obligation, F shall be exempted from the debtor’s obligation; and G and K entered into an agreement with the victim Co., Ltd. with the same content as the agreement and special agreement entered into between the victim Co., Ltd. and K on May 20, 2013.

Since the Defendant failed to obtain expected profits due to the smooth solicitation of clothing sales agents applying for loans to the victim company, the need for F’s business funds due to aggravation of business management and excessive loans to other financial institutions was incurred. Since F was a security evaluation company, it could not obtain loans from the victim company because it was a security evaluation company, a person who lends the name to another person is a garment sales company.

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