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(영문) 수원지방법원 안산지원 2018.07.18 2017고단3492
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a household manufacturing and selling company with the trade name of “D” in Spocheon-si.

On July 2010, the Defendant provided the Small and Medium Business Corporation with a loan equivalent to KRW 560,00,00,000 as collateral and a loan equivalent to KRW 560,000 for two factories constructed on the land. On June 2014, the due date for repayment of the above loan has arrived. In order to repay the debt equivalent to KRW 500,000 to the said Small and Medium Business Corporation (hereinafter “the repayment”), the Defendant continued to conduct the loan procedure by providing the said real estate to the Industrial Bank of Korea, which is the victim company, as collateral.

On June 16, 2014, the Defendant, at a branch office of the Industrial Bank of Korea located in Seoul Special Metropolitan City, Nowon-gu, at the Industrial Bank of Korea (hereinafter “Seoul Special Metropolitan City”) located in the Dong of the above bank, was consulted by F, an employee in charge of the above bank, about a loan of KRW 500 million for the facility loan of small and medium enterprise facilities, hearing that if the Defendant offered machinery located in the Defendant’s factory as security, the Defendant may additionally receive KRW 80 million out of the loan for the small and medium enterprise operation loan of small and medium enterprise. On the other hand, the Defendant offered the above machinery to F as security and extended the above machinery amounting to KRW 80,00,000 to KRW 208,854,00,000 in the market price of the above Do Do Do Ga spa that was leased by Do Do spa (hereinafter “Do Do spathn social”).

The term "" refers to the following.

However, on April 29, 2014, the Defendant entered into a lease agreement on the condition that the Defendant paid a total of KRW 5,068,600 per month over 36 times every month with respect to social welfare and six points of the above machinery, and the owner of the above machinery did not have the intent or ability to offer the above 6 points as a security even if the Defendant received a loan of KRW 80,000 from the victim company due to the fact that the owner of the machinery took out the above Domination social.

Nevertheless, the defendant is the above F, who is an employee of the victim.

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