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(영문) 창원지방법원마산지원 2020.10.14 2020고단527
사기
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” as a manufacturer of motor vehicle parts in Haak-gun B.

The Defendant, while operating the above “C”, committed as if corporate operation funds are needed, had the victim obtained a letter of guarantee from the Korea Technology Finance Corporation, and had the victim offered it as security to the bank.

On February 5, 2016, the Defendant applied for a credit guarantee of KRW 90 million, which is KRW 90 million, to obtain a loan from D Banks, as if he/she were to use it for corporate driving funds at the Changwon branch of the Korea Technology Finance Corporation, which is 38 and 3 stories in Seongbuk-gu, Changwon-si.

However, even if the above loan was implemented, the Defendant was planned to use it as a personal debt or living expenses, etc., and did not intend to use it as a operating fund of “C”. Also, the Defendant did not have the intent or ability to repay the loan even if it was carried out as above, since the circumstance of the company was difficult at the time.

Ultimately, the Defendant, as seen above, deceiving the employees in charge of the Korea Technology Finance Corporation, and then, thereafter, obtained the pecuniary benefits equivalent to the amount of KRW 630,000,000,000 from the time on three occasions from February 20, 2018, by obtaining a written guarantee from the Korea Technology Finance Corporation to guarantee the amount of KRW 90,000 from the victim when the Defendant applied for a loan of KRW 100,000,000 from the Korea Technology Finance Corporation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each letter of guarantee, letter of guarantee, certificate of subrogation, each description of transactions, inquiry into the credit information joint network, monthly report on the current status of financing/security, corporate credit inquiry, arrangement of transfer details, current status of claims for reimbursement, and information on financial transactions;

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