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(영문) 의정부지방법원 2014.01.24 2013고합547
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

From December 24, 2001, the Defendant: (a) operated D Co., Ltd. (Co., Ltd. E on January 8, 2010; hereinafter “Co., Ltd. E”); (b) closed the business on February 28, 2012, when the Defendant closed the business.

Since 2007, E has deteriorated management due to capital erosion, and the deficit has been accumulated continuously, and capital erosion has been deepened.

The defendant knew that the credit guarantee limit standards for the credit guarantee of the Korea Credit Guarantee Fund (if the credit guarantee fund is able to be supported within three times the total capital of the company, it is excluded from the object of guarantee) is not the object of guarantee of the Korea Credit Guarantee Fund, the defendant prepared a false financial statement as if the total amount of the capital as of the end of year 2008 of the Korea Credit Guarantee Fund was 1.3 billion won in the manner of deceiving the Korea Credit Guarantee Fund to bear the guaranteed debt by deceiving the Korea Credit Guarantee Fund and concealing the loss through the best payment and reducing the company debt at the end of year

1. On April 15, 2009, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) submitted a false financial statement as above, as if the company had a good financial standing, to obtain a credit guarantee certificate of KRW 500,000,000 from the victim on April 16, 2009, and submitted it to the Japanese bank's daily balance sheet of KRW 500,000,000 from the Korean bank on the same day, by deceiving the victim, and by having the victim bear a guarantee liability of KRW 500,00,000, the victim bears a guarantee liability of KRW 500,000,000 from the Korean bank on the same day.

On March 23, 2012, the victim subrogated 508,046,985 won to the Bank, a loan bank.

2. Around June 2009, the defrauded was the victim on May 29, 2009.

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