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(영문) 서울고등법원 2012.11.15 2012노2196
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misunderstanding of facts or misunderstanding of legal principles as examined below.

1) The Defendant, having the ability to repay, is the Victim E Co., Ltd. (formerly, “Y” and “victim bank”).

) Each of the instant loans extended KRW 500 million each on January 11, 2010 and April 8, 2010 (hereinafter “each of the instant loans”).

A) At the time of receiving an entertainment drinking house, the entertainment drinking house operated an entertainment drinking house, as well as raising a considerable amount of operating profit, and the Defendant had a claim for the refund of lease deposit, premium, and employee, so it was sufficient to repay each of the instant loans. In operating the said entertainment drinking house, each of the instant loans was properly obtained a business loan for the purpose of using it as business funds. (ii) The submission of false prepaid loan documents and the absence of causation between the submission of credit and the lending was submitted on July 23, 2009 and August 28, 2009 when the Defendant received a loan of KRW 2 billion from the victim bank. The false prepaid loan documents were merely part of the documents. If the Defendant received each of the instant loans, it was difficult to secure additional documents, and some of the documents were made by the Defendant’s request for the payment of credit deposits in the instant case at the time of each of the instant prepaid loan. However, as the documents were made by the Defendant’s request for the payment of credit deposits in the instant case.

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