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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The Defendant is the representative director of D Co., Ltd. (hereinafter referred to as “D”) who is a specialized company for provisional pest control measures exports.
On April 201, the Defendant first loaded the exported goods in the export of the goods, and sent shipping documents directly to the importer. In addition, the Defendant entered into a contract with the Korea Trade Insurance Corporation and the importer to receive a loan equivalent to the export price from the bank as security for the export price claim on the exported goods shipped. In addition, if the export price claim is not settled by the importer, the Defendant entered into a guarantee contract with the Korea Trade Insurance Corporation and the importer to guarantee the obligation to repay the loan owed by the Defendant to the bank.
Since from around 2011, since the company's financial situation rapidly aggravated and it is difficult for the Defendant to repay its existing debts, the Defendant takes charge of the company's operating expenses, etc. and takes out orders after shipping and borrowing goods in a normal manner, and prepared a false request for payment, a package statement, a cargo receipt certificate, etc. as if the goods were shipped and exported without loading the goods, and then submitted such false documents to the bank for the purpose of receiving the loan first.
1. Forgery of private documents and the display of private documents;
A. On December 22, 2011, the Defendant, without authority, had the Defendant, without authority to exercise the local plant of the above D, sent the bill of lading form in which the name of F, a shipping company, was printed from E, E, a transfer agent of the shipment, to E, to E, the Defendant sent the bill of lading form in which the name of F, a shipping company, was printed. As above, even though there was no actual shipment of the goods, “BAFR SPTRS”, “22,26.80KG”, “S in the quantity column,” and “SHIPPPPRD” in the shipment column.