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(영문) 서울중앙지방법원 2014.09.24 2014고정1144
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 13, 2010, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspension for the violation of the Punishment of Tax Evaders Act by the Seoul Northern District Court. On January 21, 2010, the judgment became final and conclusive on August 16, 201, the Seoul Eastern District Court sentenced 4 months of imprisonment for fraud and 1 year of suspended execution, and the judgment became final and conclusive on August 24, 201.

The Defendant is the former representative director of C (hereinafter referred to as “C”) and D is the real owner of C. D, E is a senior citizen and a joint guarantor at the time of making a loan to the said corporation, F is a person who processed the export performance of the said company, G was a person who introduced the elderly to use the elderly for fraud, and the network H is a representative director.

The Defendant and the aforementioned D, E, F, G, and H conspired to apply for a loan of trade finance by manipulating the export and transaction performance of C with I with the help of an expert in trade financing fraud. On August 27, 2008, the Defendant and the above D, E, F, G, and H concluded a credit guarantee agreement of KRW 164 million with the above Bank K on the first export transaction partner from January 2008 to February 2008, through the above new bank guarantee agreement of KRW 150 million with the Korea Export Insurance Corporation on August 25, 2008 (hereinafter referred to as the “New Bank”) at the same point of Korea-U.S.-U.S. 103-3 (hereinafter referred to as the “New Bank”). At the same time, the Defendant and the above D, E, F, G, and H submitted the loan application agreement of USD around 201,040,0400,000 won, and submitted the loan application agreement of KRW 100,000,00.

However, the fact C merely manipulates the export performance through the transaction of the zero-rate tax invoice without the actual transaction, and submitted the documents for application for loans such as the commercial situation table to the new bank, and did not have the intention or ability to repay even if it received the loan.

Nevertheless, the defendant and the above D, E, F, G, H, and I are as above.

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