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(영문) 인천지방법원 2016.06.02 2016고단293
사기
Text

Defendant

BJ shall be punished by imprisonment of one year and six months, and by imprisonment of two years for Defendant BK.

Reasons

Punishment of the crime

1. Joint crimes committed by the Defendants

A. (1) Defendant BJ conspired with B on December 201, 201 and entered Defendant BK, the clients seeking to obtain the loan, as the employees of the said company, in a false manner. Defendant BJ intended to obtain the loan by submitting a certificate of employment, etc. issued to Defendant BK in the name of BR, to the Plaintiff Han Bank (hereinafter “One Bank”) and planned to receive the loan from Defendant BK to receive the payment.

Defendant

BJ, around December 7, 201, established a company called BR with the loans of KRW 50,000,000 from B, and from December 15, 2011, from every month to December 15, 2011, deposited KRW 470,000 to Defendant BK under the above company’s monthly salary grade, and around June 19, 2012, Defendant BK prepared a certificate of employment with Defendant BK under the name of the above company’s monthly salary grade, and Defendant BK submitted a certificate of employment with the above company’s former loan of KRW 140,000,000 at the location of Han-dong, Gangseo-gu, Seoul Metropolitan Government, Han Bank of Korea at its name at around June 29, 2012, Defendant BK submitted a certificate of employment with the above company’s former loan of KRW 180,000,000.

However, in fact, Defendant BK did not have worked in the BR, was thought to use the loan back from the lessor in another place, and there was no specific property and there was no intention or ability to repay the loan.

As such, the Defendants, in collusion with B, deceptioned the Victim Han Bank as above, and followed it by receiving KRW 140,000,000 from the Victim Han Bank as a new bank account in the name of ED around June 29, 2012, under the pretext of loan money.

(2) The Defendants conspired with B around July 2013, and there was no fact that Defendant BK had actually worked for BR in collusion with B around July 2013, Defendant BK in the name of BR.

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