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(영문) 서울북부지방법원 2017.08.30 2017고단2428
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On September 5, 2013, the Defendant was sentenced to three years of imprisonment by the Seoul Eastern District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). On June 25, 2016, the Seoul Eastern District Court terminated the term of imprisonment.

On November 2016, the Defendant: (a) conspiredd with the Defendant with Broker with a nameless loanless broker, which was close to the first half of the year; (b) the Defendant was engaged in funeral services at the time; (c) notwithstanding the fact that the Defendant was not engaged in clothes and trade business, the Defendant was entitled to a loan regardless of credit rating if the “new desired weather loan” among the four major financial products supported by the Government is less than KRW 30 million per annum; and (d) the financial institution did not thoroughly verify documents proving annual income; and (e) registered the Defendant as if the Defendant was operating the “C” with clothing and miscellaneous retail business from May 19, 2016 to operate the “C”; and (e) on December 12, 2016, the Defendant was issued a false registration certificate of loan to employees in charge of loans in the name of the Plaintiff at the new bank heading Dong-dong branch located in Yongsan-gu, Busan; and (e) submitted the Defendant’s name and the health insurance document related to the Defendant 160.

In collusion with the above name-free loan hubs, the defendant continued to borrow the loan funds of small and medium enterprises under the Seoul Special Metropolitan City Convention, which is created with the support fund for small and medium enterprises in Seoul Special Metropolitan City, with the recommendation of the Seoul Credit Guarantee Foundation, with the intention to submit the business registration certificate in the name of the defendant to the person in charge of the financial institution dealing with the above loan products and to obtain the loan.

Accordingly, the defendant has operated a mutual company called "C", which is a type of wholesale and retail business such as clothing and miscellaneous goods, in fact.

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