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(영문) 인천지방법원 2012.12.05 2012고단10365
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person who has operated “E”, a plastic withdrawal company located in Nam-gu Incheon Metropolitan City D.

1. Fraud and embezzlement;

A. As of July 12, 2011, the Defendant’s embezzlement of the Victim Samsung Card Co., Ltd. at the time of operating the said “E”, the Defendant sold 2 vehicles (capacity 280 tons 1, 220 tons 1) within the said factory to the Victim Samsung Card Co., Ltd. and used them as the form of re-leaseing from the said Samsung Card Co., Ltd., and provided 120 tons of the launch period to the Samsung Card Co., Ltd. as the transfer for transfer, and received KRW 90 million from the said Samsung Card Co., Ltd. for the said launch period as the purchase price for the said launch period. As such, the Defendant was unable to again provide 3 vehicles for the said launch period as the transfer for transfer at the Industrial Bank of Korea, the victim, at the time, at the Industrial Bank of Korea, at the same time, and there was no intention or ability to repay the said funds from many creditors, including the Korea Credit Guarantee Fund, even if the employees were unable to receive the funds from the victim.

Nevertheless, on January 18, 2012, the Defendant loaned a total of 30 million won including 80 tons, 55 tons, and 25 tons each of 25 tons in the factory of the Defendant to another bank loan officer in charge of the above bank in the name-free loan at the Industrial Bank of Korea's Gyeyang branch, which is the victim, for the purpose of transferring a security, and made a false statement that the loans will be repaid by means of equal installment of principal and interest for 36 months.

As above, the Defendant, by deceiving an employee in charge of loan in the name of the above bank, acquired 30 million won from the above bank as a loan, and, at the same time, provided 2 vehicles (280 tons 1, 220 tons and 1 vehicles) in custody for Samsung Card Co., Ltd. to the above bank loan officer as a collateral for transfer, and embezzled this by receiving 30 million won from the above bank loan officer.

(b).

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