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(영문) 의정부지방법원 2018.01.10 2017고단4132
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who actually runs the F, a corporation E and an individual company, and was sentenced to a suspended sentence of ten (10) years of imprisonment with prison labor for fraud at the District Court on January 12, 2016, and the judgment becomes final and conclusive on January 20, 2016.

On April 201, the Defendant received a guarantee of KRW 270,00,000 from the Korea Credit Guarantee Fund in the name of Co., Ltd., E., Ltd., and submitted it to a new bank that was a victim, and received a corporate purchase financing loan, the Defendant did not confirm the actual use of the purchase financing and did not confirm the actual use of the purchase financing in implementing the corporate purchase financing loan at a financial institution, and there was an institutional permission that depends only on the tax invoice issued by the selling company, and used the loan for the purpose of paying the existing debt.

Accordingly, on March 25, 2013, the Defendant: (a) at the E office located in G on July 25, 2013, the Defendant: (b) did not have any sales transaction between Company E and F; and (c) did not have any sales transaction between Company E and F, under the name of Company E, prepared a false electronic statement of intent by entering transaction items, quantities, prices, etc. as if he/she purchased from F in the name of Company E, and then sent it to F; and (c) approved the electronic statement of intent by accessing the same website in the name of F; and (d) applied for a corporate purchase fund loan by final transmission to the victim bank in the name of Company E in the name of Company E.

As above, the defendant deceivings a new bank that was the victim corporation, and is in its position deposited KRW 19,80,000 from a new bank that was the victim corporation to a F’s account as a corporate purchase loan, and thereafter deceivings a new bank that was the victim corporation by the aforementioned method until September 6, 2013.

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