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(영문) 수원지방법원 2017.07.14 2017노2961
사기
Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

Each of the crimes of this case is a good conduct by abusing the e-commerce guarantee system and the e-commerce loan system prepared for the activation of e-commerce between companies and by taking advantage of the e-commerce loan system, thereby impairing the financial order and causing serious harm to the financial support policy of the State for small and medium enterprises.

The amount of loans obtained by deceit exceeds the total amount of 400 million won.

F Co., Ltd. had B participate in each of the crimes of this case by taking advantage of its superior position in the transaction with H.

Many repeated crimes were committed.

On the other hand, the following conditions are favorable.

Defendant operated;

In order to normalize the company due to the lack of operating funds, the FF corporation committed the instant crime in order to normalize the company, and most of the loans seems to have used for the company.

The Korea Credit Guarantee Fund and the indemnity liability, which can be said to be the actual victims of the instant crime, agreed to adjust the debt to reduce the amount of KRW 70% ( approximately KRW 22,7570,000), and to pay KRW 2,540,00 per month.

Pursuant to the aforementioned agreement, the Defendant repaid to the Korea Credit Guarantee Fund KRW 2.5 million on March 21, 2017, KRW 25 million on April 19, 2017, KRW 10 million on April 20, 2017, KRW 2.5 million on April 20, 2017, and KRW 2.54 million on May 29, 2017.

B also repaid 60 million won to the Credit Guarantee Fund on September 21, 2016.

Accordingly, the Korea Credit Guarantee Fund has submitted a written application for the punishment that the defendant does not want to be punished to the court of the first instance.

There is no record of punishment for the same crime and of punishment heavier than the fine.

In addition, various sentencing conditions and sentencing guidelines specified in the records and arguments of the instant case, such as the background of the instant crime, the circumstances after the instant crime, the character and conduct of the Defendant, and the environment.

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