logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.08.13 2017고단3309
사기
Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year, and by imprisonment with prison labor for one and half years.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

Defendant

A is the representative director of D) and Defendant C is the actual operator of D (State) and E is the person who worked as the head of the financial accounting team in D from December 7, 2007 to May 13, 2010 and was in charge of settlement of accounts, business of assisting in negotiations on investment, and business of financial institutions in the above company.

However, the Defendants and the above E planned to obtain a corporate purchase fund loan by deceiving the victim corporate bank based on the false transaction details with Defendant B, using the credit guarantee agreement entered into with the above D Credit Guarantee Fund and the credit guarantee agreement entered into with the company purchase fund agreement entered into with the above D Credit Guarantee Fund and the company purchase fund loan agreement entered into with the company bank.

Accordingly, Defendant A and C instructed the above E to keep the F’s “F” and processing transaction from small shipment, and E entered the details of request for purchase of goods amounting to KRW 33,565,000 from “F” at the Internet website (J) at around March 11, 2010 at the office of (State) D) located in the Seocho-gu Seoul Metropolitan Government Office of G Building H, B2B electronic settlement, and Defendant B approved the details of purchase from the above “F office” located in the Seoul Yangcheon-gu Seoul Metropolitan Building L L, and then entered the details of collection of the said transaction amount into the Victim’s Bank.

However, in fact, the Defendants did not have any intent or ability to fully repay the loans even if they received from the injured party, since they processed the transaction details between D and F, as seen above, in order to obtain a corporate purchase loan from the injured party.

In collusion with E, the Defendants deceiving a person in charge of loans on the part of the victim corporate bank, and thereby deceiving the victim, 33,565,000 won is the above "F" corporate bank account.

arrow