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(영문) 수원지방법원 안양지원 2013.11.21 2013고단776
사기
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

Reasons

Punishment of the crime

Defendant

A was sentenced to three years and eight months of imprisonment at the Suwon District Court on January 10, 2013, and the above judgment was finalized on April 11, 2013. On November 21, 2003, Defendant B was sentenced to two years of imprisonment with prison labor at the Seoul High Court for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Customs Duties) and completed the enforcement of the above punishment on June 24, 2005. On May 11, 2012, the Suwon District Court sentenced Defendant B to two years and six months of imprisonment with prison labor at the Suwon District Court for fraud and became final and conclusive on August 2, 2012.

[2013 Highest 776] Defendants, D, E, F, G, and H are entrusting the export credit guarantee business to the financial institution, and financial institutions meet certain requirements such as export performance confirmed by export declaration completion certificate, etc., the Korea Trade Insurance Corporation made export credit guarantee under the name of the Korea Trade Insurance Corporation and offered it as security to financial institutions and offered trade financing loans from financial institutions. In order to acquire a false export declaration certificate under the name of the company with poor financial situation and acquire a nominal loan from financial institutions.

1. Defendants’ fraud

A. The actual representative of the crime related to I (D, F, G, H, and public offering) is a trade financing fraud loan total liability. G is a joint guarantor as the term "bol president" and "bol director" as the term "bol director" of the above company, D falsely manipulates the actual export performance of I in accordance with F's order; E requests for a trade financing loan to the main branch of the Korean National Bank of Korea, a financial institution entrusted with the business of export credit guarantee by the Korea Trade Insurance Corporation; the Defendants shared the role of establishing false export performance data; and the Korea Trade Insurance Corporation, through the above financial institution, grants a nominal export credit guarantee based on false export performance.

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