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(영문) 청주지방법원 2013.09.12 2012고합407
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant pays 20,000,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

The defendant is a person who has operated I to manufacture and sell beverages. 2012 High 407.

In 2008, the Defendant borrowed the loan of the interest rate of KRW 350 million and borrowed approximately KRW 2200 million from the financial right because of the rapid aggravation of the financial situation in 2011, but the loan of KRW 4 billion from the financial right was not more than KRW 500 million and not more than KRW 200 million. The Defendant borrowed the loan of KRW 70 million from the J, an employee of I, and KRW 200 million from the same K, and appropriated the loan of KRW 350 million from the borrowed loan in the borrowed bond market after having L borrowed a guarantee, but failed to repay the loan to his employees. On September 201, the issue of trademark rights with the M&C becomes a legal dispute over the loan of KRW 380 million and the compensation for damages was paid up to KRW 380 million.

In addition, the Defendant borrowed the name of N (O in the name of the above L), P (the name of the Defendant’s birth), and R (I regular business S) and received goods payment or discount as a result of using a non-real-transaction financing bill, such as one’s own bill. The Defendant, without notifying the other party of the fact, pretended that it was a real-time commercial bill that was paid as the price for the transaction. As such, due to the above financial situation, the Defendant requested for the extension of the maturity of KRW 529,200,000 for the total face value of the Promissory note in the name of R, the maturity of which was due on October 13, 201, which was paid to H as the price for the goods.

(In the process, in order to pretend that the Defendant received a request for the extension of the due date from R and then delivered it to the victim company, the Defendant prepared a request for the extension of the due date for bill to I in the name of R, and then delivered it to the victim company along with the I’s request for the extension of the due date for bill). Ultimately, the Defendant delivered the request to the victim company.

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