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(영문) 춘천지방법원 강릉지원 2017.01.24 2016고단1013
사기
Text

Defendant

A Imprisonment with prison labor for one year and for one year and six months, respectively.

(2) the date of this judgment.

Reasons

Punishment of the crime

Defendant (Defendant A) is a person who served as a nominal representative director of E Co., Ltd. (hereinafter “E”) a corporation established for the purpose of wholesale and retail business, etc. of textile products from around 2005 to around 2009.

Around October 17, 2005, the defendant introduced B through F and agreed to lend the name of the representative director of E and receive KRW 1 million each month from B in return for the lending of the name of the representative director of E to B, and completed registration as the representative director of E around October 17, 2005 in accordance with the above agreement and issued the certificate of seal imprint, certificate of seal imprint, etc. to B.

On the other hand, while substantially managing E from around that time, B made foreign exchange transactions with a false export declaration certificate in the name of E, or made export performance by issuing a false zero-rate tax invoice without real transactions, and prepared a false financial statement of E, and received trade financing based on such false export performance.

On October 16, 2008, the Defendant visited the Seoul Seoul Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Export Insurance Corporation, a trustee guarantee bank of the Korea Export Insurance Corporation, located in Gangnam-gu 210-1, and entered into an additional agreement on the credit guarantee limit of KRW 250 million on the basis of false export performance, such as submitting the details of purchase of false local letter of credit from October 30, 2007 to April 29, 2008, false commercial status lists, false financial statements confirmation sources, etc. to the employees of the bank whose name is unknown.

Since then, the Defendant: (a) 6 times in total at the Seoul Branch of Hana Bank, the sum of KRW 20.7 million around October 14, 2008; (b) KRW 84.3 million around October 14, 2008; (c) KRW 5 million around November 7, 2008; (d) KRW 55.4 million around January 7, 2009; (e) KRW 16.6 million around January 7, 2009; and (vi) KRW 68 million around January 16, 2009.

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