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(영문) 서울중앙지방법원 2016.11.25 2016고합825
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is the representative of D. D.

In addition to E, the Defendant conspired to process the annual sales from 2012 to 2014 of D, which had almost no sales performance, as evidence of the sales performance and financial statements between the two to three years of a financial institution’s loan examination. Accordingly, as if F, a qualified tax agent, made a false report as if the annual sales amount to 4 billion won in the year of 2012, the Defendant paid value-added tax and corporate tax accordingly, the Defendant processed the annual sales amount to 71 billion won in the year of 2012, the net income amount to 71 billion won in the year of 2013, the net income amount to 447 billion won in the net income, the net income amount to 447 billion won in the year of 2014, and the net income amount to 57 billion won in the net income amount to 60 million won in the year of 2014, respectively.

Around November 23, 2015, the Defendant and E submitted an application for loans in the name of the State, in the official branch of the Victim’s National Bank in Seoul Special Metropolitan City, Nowon-gu, 172, with evidentiary documents, at the official branch of the Victim’s Bank, and submitted an application for loans in the name of D. The Defendant and E received 600 million won in the name of the corporate ordinary loans from the person in charge of the victimized Bank who believed the performance of the above loans to the bank account in the name of D

( state)The corporate performance, such as D's financial statements, was processed through the tax payment system and accounting division after the deadline of the National Tax Service, and the recipient bank did not approve the loan if the recipient bank knew of the fact.

As a result, the Defendant, in collusion with E, received a loan by deceiving a victimized bank.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. A copy of the prosecutor's statement concerning the F;

1. Application of Acts and subordinate statutes to the certified copy of a corporate register, the trust structure D, and the loan data;

1. Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 13719, Jan. 6, 2016); Articles 347(1) and 30 of the Criminal Act concerning criminal facts

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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