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(영문) 부산지방법원 2016.02.04 2015고단6768
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant received loans from the Korea Credit Guarantee Fund by using special guarantee for youth start-up, which is provided to business operators under the age of 39 or less, and five years or less after start-up, for the purpose of obtaining loans from the Korea Credit Guarantee Fund to increase its liabilities in operating the business in the trade name of D, and was an employee to pay its personal debts with D.

C It is suggested that the Korea Credit Guarantee Fund will be granted a special guarantee loan for youth start-up, which is provided by the Bank as a guarantee from the Credit Guarantee Fund.

On August 1, 2013, the Defendant: (a) had C engage in the act as actual operator of E; and (b) had C enter into credit transaction agreements at the former location of the National Bank of Korea after attaching a credit guarantee of the Victim Credit Guarantee Fund.

However, in fact, the above E is practically operating by the defendant, not C, and the defendant did not meet the requirements for loans for special loans for youth start-up guarantee required by the Korea Credit Guarantee Fund, and it was thought that it was used for the purpose of the repayment of personal debts by receiving the loans with no intent or ability to repay the loans even if it was received due to a large amount of other debts such as delayed records in the bank and commencement of personal rehabilitation.

On August 2, 2013, the Defendant received KRW 50,000 from the Dong-dong branch of the National Bank of Korea as a loan, and had the Credit Guarantee Fund bear the guarantee obligation on the above loan, thereby obtaining financial profits equivalent to the above amount.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Copy of business registration certificate;

1. Credit guarantee certificates, credit transaction agreements, etc.;

1. Application of Acts and subordinate statutes on a copy of passbook transaction;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act

1. The dismissal of an application for compensation, the promotion of litigation, etc.;

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