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(영문) 수원지방법원 성남지원 2014.01.17 2013고단1451
사기
Text

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

However, 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

On June 30, 2008, the Defendant, as the representative director of the Steel Wholesale Trade Co., Ltd. F (hereinafter “F”), received a credit guarantee of KRW 2500 million from the Korea Credit Guarantee Fund under the name of F, and around that time, submitted a loan account to the Victim New Bank Co., Ltd. (hereinafter “New Bank”) and received the loan for corporate purchase.

As the Defendant was unable to receive approximately KRW 450 million outstanding bonds from the delivery company, and experienced difficulties in raising the company’s operating funds. From April 30, 2010, the Defendant pretended to purchase steel products from H Co., Ltd. (hereinafter “H”) operated by the Defendant’s seat, and applied for a loan for corporate purchase funds, and then, the financial institution was willing to return the outstanding purchase funds paid from H to use them as the F’s operating funds.

On April 14:38, 2010, the Defendant access the H office located in Sungnam-si I/Dong 1514 to the company purchase fund loan Internet site. The facts do not have received steel products equivalent to KRW 176,100,455 from H and did not intend to receive the delivery of the steel products. However, the Defendant applied for the company purchase fund loan to the victim new bank by entering the tax invoice number, transaction date, transaction amount, transaction amount, transaction enterprise, etc. under the pretending to have been actually supplied with the steel products from H and then applying for the company purchase fund loan to the victim new bank. The victim new bank transferred KRW 176,100,000 to H around 15:32 of the same day, the Defendant received the full amount of the above amount from H to the new bank account at around 15:32 of the same day, and immediately returned the amount of KRW 176,100,000,0000 from the 15:60,700

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