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(영문) 서울북부지방법원 2020.06.12 2020고단684
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who was the representative director of the “C” corporation located in Chungcheongnam-gun B from around 2001 to around 2016, and D is a person who served as an employee of the said company from around 2010 to around 2016.

On March 2014, the Defendant entered into a joint and several guarantee contract with the content that the Defendant would become a joint and several surety for the said company while applying for a credit guarantee at the victim G branch of the Damage Credit Guarantee Fund in Chungcheong North Korea, in order to obtain a business general loan equivalent to KRW 200 million from the E bank’s voice price in the name of the said company.

In order to conclude the above joint and several guarantee contract, the Korea Credit Guarantee Fund requested the defendant to submit documents that can identify the residential situation to the defendant, who is a joint and several surety, and the defendant accordingly submitted the lease contract for the "H apartment I" prepared between the defendant and the above D as if it was a normal document.

However, in fact, around October 22, 2012, the above lease contract submitted by the defendant was made with a false lease agreement (a lease agreement (a lease agreement made by the defendant as a lessee and a lessor) that entered into by D to recover the amount equivalent to KRW 120 million from D when D disposes of the above apartment as it concerns that D would arbitrarily dispose of the above apartment.

As above, the Defendant, by deceiving the Victim Credit Guarantee Fund, was a normal document submitted by the Defendant, and was believed by the Defendant to have a claim for the return of the lease deposit equivalent to KRW 120 million from the Korea Credit Guarantee Fund, and acquired pecuniary benefits equivalent to the same amount of money by obtaining a credit guarantee certificate equivalent to KRW 180 million from the Korea Credit Guarantee Fund around March 27, 2014.

Summary of Evidence

1. Defendant's legal statement;

1.Each police officer with D.

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