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(영문) 서울북부지방법원 2012.12.27 2012고단2443
사기
Text

Defendant

A Imprisonment of 10 months, Defendant B and C shall be punished by imprisonment of 8 months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the actual president of F, Defendant B is the representative director in the name of the same company, and Defendant C is a person who is in office as a director of the same company.

The Defendants, through the non-indicted G (one name “H”), I (one name “J”), etc. introduced by Defendant C, changed to F, and subsequently, the said F, which is only a domestic trader, was the exporter, conspired with G in order to obtain trade financing loans that the bank would borrow from the exporting company under the guarantee of the Export Insurance Corporation, and prepare business funds and offer the relevant fees at the same time.

1. On September 24, 2008, Defendant B and C, according to the direction of Defendant A, submitted to the Vice-head of the above bank M&C in Korea L branch in the second floor in Dobong-gu Seoul Metropolitan Government, the documents for applying for export loan in the name of Defendant F, such as the export performance confirmation, commercial status table, and financial statements received through the above G, and entered into an export credit guarantee agreement of KRW 1.20 million from the Korea Export Insurance Corporation (the current Korea Export Insurance Corporation) through the above Korea Export Insurance Corporation (the current Korea Export Insurance Corporation) on September 25, 2008, with the guarantee guarantee amount of KRW 1.20,000,000,000,000 won.

However, F was a domestic trader who is not an exporter, and submitted at the time of applying for a trade financing loan, and documents such as export performance confirmation were operated by the above G.

As a result, the Defendants conspired in collusion with our bank to obtain a loan of 150 million won or more from our trade financing, and acquired financial benefits equivalent to the same amount.

2. The Defendants committed the crime against the victim’s national bank with the maturity of the above Korean bank’s trade financing loan but due to the lack of sufficient repayment, and thus, obtain the above bank’s existing trade financing loan amounting to KRW 150 million,000,000,000, and subsequently make a trade financing loan at the bank through G, etc. in the same manner as paragraph 1.

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