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(영문) 수원지방법원 안산지원 2013.03.14 2012고단2493
사기
Text

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

Reasons

Punishment of the crime

[Criminal Power] On March 18, 2010, the Defendant was sentenced to a suspended sentence of two years for the violation of the Punishment of Tax Evaders Act on the grounds of the violation of the Punishment of Tax Evaders Act at Ansan Branch of the Suwon District Court on March 18, 201, and was confirmed on the 26th of the same month. On November 3, 2011, the Defendant was sentenced to a suspended sentence of six months for the same crime by the same court

【Criminal Facts】

After manipulating the export performance of B, C, D and the actual results of supply of raw materials for export operated by the Defendant, the Defendant conspiredd to receive the export credit guarantee amount from the Korea Export Insurance Corporation after receiving the export credit guarantee amount from the bank and obtain it by fraud.

On July 4, 2008, the defendant submitted to the National Bank an export credit guarantee certificate of KRW 120 million from the National Bank by submitting a false export performance, etc. made by B, C, and D at the training points of the National Bank in Yeonsu-gu Incheon, Yeonsu-gu, the Export Insurance Corporation entrusted with the Export Insurance Corporation, and a commercial port statement, etc. including the supply of raw materials for export, etc.

7. The said guarantee was entered into with the National Bank as a security a trade finance transaction agreement of 150 million and KRW 150 million.

On July 8, 2008, the Defendant established a local letter of credit in which MaNC Co., Ltd. is the beneficiary, and received a trade financing loan of 150 million won in total by allowing a national bank to pay E goods, even though the above E was not supplied with the raw materials for export from MaNC Co., Ltd., in spite of the fact that MaNC was not supplied with 150 million won.

Accordingly, the defendant, in collusion with B, C, and D, deceiving the victim's national bank, thereby deceiving 150 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding F;

1. Each internal investigation report, copy of statement of statement (G), payment review report, calculation statement of subrogated amount, export credit guarantee, and export credit guarantee;

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