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(영문) 서울중앙지방법원 2014.07.11 2013고단6608
사기
Text

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

except that 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 operated an entertainment tavern “E” on the first floor of Gangnam-gu Seoul Metropolitan Government DD from October 2009 to October 2012.

While there is no funds to operate entertainment tavern “E”, the Defendant, through F, was aware of the fact that the Plaintiff, through the Victim G Savings Bank, provides an entertainment business entity’s loan to employees of entertainment business establishments, such as prompt-name mast and contact loan (employment contract, probation guarantee, loan certificate, etc.) with a term “masting loan” as collateral, the Defendant, with the knowledge of the fact that the Defendant, through F, provided a loan to employees of the said business establishment, who did not receive money as a pre-paid deposit, made a false document, such as a Labor Guarantee, Promissory Notes, loan certificate, etc., and received the loan by obtaining the loan from the employees of the said business establishment, who did not receive money as a pre-paid deposit.

From November 2009 to December 2009, the Defendant: (a) had four persons, as shown in the attached entertainment tavern E, receive the payment of KRW 353 million in total under the name of advance payment, as if the Defendant received advance payment from the said business establishment in advance, from the entertainment tavern “E” located on the first floor of Gangnam-gu Seoul (Seoul) to H, an employee in charge of accounting who did not receive advance payment at the said business establishment; and (b) had four persons, such as the details of preparation of false advance payment in the attached entertainment tavern E, prepare false documents to have them receive KRW 353 million in total under the name of advance payment; and (c) along with other marina documents, submit these documents as if they were the document duly formed with the Defendant, along with the loan application form, and have them receive KRW 29,280,500,000,000 from the victimized bank; and (d) have them paid KRW 38,298,200,000 won under the name of the account.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect to the K;

1. Each of L/M.

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