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(영문) 창원지방법원 진주지원 2018.02.06 2017고합109
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant is a person who operated D Co., Ltd. (hereinafter referred to as “E”) established in Jinju City from June 2002 to September 2009 for the purpose of civil engineering and construction work business in Jinju City.

On May 28, 2009, the Defendant issued a credit guarantee of KRW 950 million from the Korea Credit Guarantee Fund to the same year after obtaining a credit guarantee of KRW 950 million.

6.1. Conclusion of an agreement for a loan of KRW 1 billion at the central point of Jinju of a new bank Co., Ltd., and the same year after obtaining a credit guarantee of KRW 1.5 billion guaranteed from the Credit Guarantee Fund on June 11, 2009 from the Korea Credit Guarantee Fund;

8.6. Around January 1, 2000, at the Jinju Comprehensive Financial Center of the Korean National Bank Co., Ltd., a loan agreement of KRW 1.875 billion was concluded.

On June 2009, the Defendant used the fact that the examination was conducted formally, such as the issuance of a letter of guarantee from the Korea Credit Guarantee Fund at the time of financing for corporate purchase, the extension process, and the lending process of financial institutions, by failing to verify whether the transaction partner depends only on the tax invoice issued by the other party to the transaction and the source of the purchase fund, etc. in the process of issuing a letter of guarantee from the Korea Credit Guarantee Fund at the time of financing for corporate purchase, the extension process, and the lending process of financial institutions, etc., and the fact that there was no actual transaction with the other party to the transaction, as if the transaction was conducted, the Defendant intended to deliver transaction information to the damaged lending bank by submitting a false tax invoice and electronic commerce contract in the online market (MP) in the form of electronic commerce as if the transaction was conducted, and then, in which the damaged bank pays a false seller a loan

1. 특정경제범죄 가중처벌 등에 관한 법률 위반( 사기) 피고인은 2009. 6. 1. 위 E 사무실에서 주식회사 이크 레 더블 네트웍 스가 관리하는 전자상거래사이트 (MP )에 접속하여 ‘E 이 F 주식회사( 이하 “F” 이라 함 )에게...

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