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(영문) 서울동부지방법원 2016.04.21 2015고단1025

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On September 27, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for embezzlement, etc. at the Seoul Eastern District Court on March 28, 2013, and completed the execution of the sentence on March 28, 2013, and on July 21, 2014, the same court was sentenced to six months of imprisonment with prison labor for violating the Road Traffic Act (unlicensed Driving) and the judgment became final and conclusive on December 30, 2014.

[2] As long as it does not interfere with the defendant's exercise of his/her right to defense, some expressions of the facts charged are admitted as facts based on the evidence duly adopted and examined by this court.

1. The criminal defendant was aware of the victim B (72 tax) through a landmark in 2010.

On July 15, 2013, the Defendant, at the victim’s office located in the sixth floor of the Yeongdeungpo-gu Seoul Metropolitan Government C Building, would allow the victim to obtain a loan of KRW 2.08 billion to the victim’s land on three occasions, such as Osan-si D, an Osan-si, a party to whom he/she owns, by using the road expenses to the victim.

In order to obtain a loan, false statement was made that the cost of the loan and the cost of the street funds need to be paid.

However, on April 2013, the Defendant, a bank employee, who was known to the general public, concluded that the Defendant was unable to obtain additional loans as security because it was established the maximum amount of KRW 1.74 billion on the above land of Osan-si, and that it was not known to the employees of other banks except E, even if he received money from the victims, he did not have the intent or ability to allow the said land to be loaned as security, and the money received from the victims was considered to be used as living expenses, etc.

On July 15, 2013, the Defendant received or delivered KRW 30 million from the injured party to one bank account under the name of the Defendant, such as receiving KRW 30 million from the injured party on account of expenses and street funds, etc. from around that time to July 9, 2014, total sum of KRW 82.7 million from that time, as shown in the list of crimes in attached Table, shall be transferred or delivered.