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(영문) 부산지방법원 2021.01.20 2020고단4662
사기
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

B, despite the fact that the business was established under the pretext without the idea of actually running the pertinent business with C, it was disguised to use the said business as start-up funds or operating funds, and was issued by the Credit Guarantee Foundation, the Korea Technology Finance Corporation, the Credit Guarantee Fund, etc. to obtain loans from financial institutions, and used them to divide them into loans from financial institutions. The above C bears the burden of purchasing office and factory rent and equipment necessary to arrange the business title owner and to establish the nominal place of business. Defendant B provides the above office and factory leasing, necessary equipment and documents, and Defendant A provided the same name after receiving loans from the above nominal place of business, and Defendant A provided the business owner with his own name after completing the registration of D around January 8, 2019.

On April 29, 2019, according to the above public offering, the Defendants submitted an application for credit guarantee to the effect that “A will obtain a loan from an enterprise bank in the name of D,” to the person in charge of issuing credit guarantee at the Busan District Office of the Busan District Credit Guarantee Foundation located in Busan, Seo-gu, Busan, Busan, and that “A will obtain a loan from the enterprise bank in the name of D,” and around that time, Defendant A received an inspection of the said workplace while carrying out as the representative, Defendant B, and C was an employee, and then around May 8, 2019, the Busan Credit Guarantee Foundation issued a credit guarantee certificate to guarantee the credit of KRW 30 million from the Busan District Office of the Busan District Credit Guarantee Foundation, and then applied for a loan of KRW 30 million to the employees F of the branch loan of the E company from the victim on the same day.

However, the defendants and the above C are thought to operate the place of business D.

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