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(영문) 서울북부지방법원 2019.06.14 2019고합104
특정경제범죄가중처벌등에관한법률위반(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 became final and conclusive.

Reasons

Punishment of the crime

To the extent that it does not substantially impede the defendant's exercise of his/her right to defense, some of the facts charged was revised ex officio.

【Criminal Power】 On September 9, 201, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Northern District Court on September 9, 201, and the said judgment became final and conclusive on September 17, 2011.

【Criminal Facts】 The Defendant is the representative director of D Co., Ltd., a metal hold company located in the building B in Seoul Special Metropolitan City, Nowon-gu.

On March 23, 2009, the Defendant, under the name of the Korea Credit Guarantee Fund Co., Ltd., Ltd., issued a credit guarantee contract for corporate purchase funds worth KRW 950,000,000, guaranteed amount of KRW 807,50,000 (Guarantee Ratio85%) from the Korea Credit Guarantee Fund, and entered into an agreement on purchase funds lending agreements with the following purport: (a) the Defendant may receive loans from the E-bank Set-off branch of the victim E-bank; and (b) the Defendant may receive loans of KRW 950

The Defendant, around July 2009, caused the need to repay the loans for financing corporate purchase and the company’s operating funds, etc., submitted a false tax invoice, bill of exchange, etc., which pretended to have been supplied with building materials from F (representative G) as if it actually traded, and used them to use them for the repayment of existing loans, etc.

On July 20, 2009, the Defendant issued a false tax invoice with F amounting to KRW 60,060,000 (including value-added tax) of annexed materials to D Co., Ltd., and applied for a loan of purchase to employees in the name of the offset branch in the victim E-bank, E-bank, and then it received 60,060,000 won from the victim E-bank as the loan from the Defendant’s bank on July 20, 2009, and received 636,009,000 won under the name of the Defendant’s account in the name of G from around that time to February 8, 2010.

In this respect.

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