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(영문) 서울남부지방법원 2016.10.06 2016고합143
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

[Defendant A] The defendant A shall be punished by imprisonment for four years.

[Defendant B] Defendant B shall be punished by imprisonment for two years.

(b).

Reasons

Punishment of the crime

Defendant A and Defendant A had actually acquired O (hereinafter “O”) in Songpa-gu Seoul. Defendant B was the representative director of theO.

Defendant

A and B agreed to obtain a loan from a bank under the name of theO even though the bank received a loan, the bank did not have the intent or ability to repay the loan.

In the written indictment, Defendant A and B accepted theO with the knowledge that it is a de facto floating company, prepared a false financial statement, and obtained a value-added tax base certificate, standard financial statement certificate, etc., and offered to obtain a loan from a bank, etc. by using it. However, even though the evidence submitted by the prosecutor alone, Defendant A and B accepted theO with the knowledge that it is a de facto floating company by Defendant A and B.

The fact that a financial statement was prepared in a false manner directly with regard to theO, and the fact that a bank, etc. has conspired to obtain a loan is not recognized, specifically knowing the fact.

However, even if Defendant A and B had been unaware of the specific circumstances about them, even if they did not have the intent or ability to repay the loan even if they were to obtain a loan from a bank under the name of O, they may sufficiently recognize the fact that they conspired with the victim bank to obtain the loan, and it is included in the facts charged in the indictment, and thus, it is not likely that there may be any disadvantage to Defendant A and B’s exercise of their defense rights, and therefore, it is recognized as above by striking the following:

On April 10, 2014, Defendant A and B, who committed the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim national bank, shall be loaned at the victim's national bank's active service branch located in the Seo-gu, Seongbuk-gu, Sungnam-si, 2014.

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