특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
In consideration of the records of this case and the non-guilty part, the facts charged shall be revised to the extent that does not interfere with the defendant's defense.
The reason for recognizing the crime of aiding and abetting a Part of the acquittal is as follows: See the part on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). The Defendant, as the third team leader of the Trust Business Headquarters C Co., Ltd. (hereinafter “C”) on the Gangnam-gu Seoul Metropolitan Government and 10 to 11, engaged in affairs related to trust business, management of funds, and enforcement.
On August 13, 2015, F, the head of D (Representative E; hereinafter referred to as D)’s office, entered into a fund management agency agreement with C on behalf of C and Jeju-si New Project (hereinafter referred to as “G New Project”), and the Defendant, through H bank account (I) in C’s name, managed funds related to the said project.
Accordingly, F received KRW 1,530,000,00 from nine persons, such as K, etc., the number of buyers of the J Apartment-si Construction Project (hereinafter “J New Construction Project”), which is the implementation of D's other implementation projects, as the sale price, from the said three persons, to the fund management account in the G New Construction Project under the said three names. After requesting the Defendant to withdraw the funds, LF, which is substantially operated by F, as shown in attached Table 1, from December 23, 2015 to February 1, 2016, requested LF to withdraw KRW 1,49,120,000,000 from December 23, 2015 to February 1, 2016, on the ground of a contract for the new construction project between D and L (PM).
One Part D representative E is the position that the above agency contract itself was made without his delegation and thus null and void, and the F is also recognized.
(hereinafter referred to as “L”) or M personal account F shall withdraw funds from R(hereinafter referred to as “R”) for advertising loans on R based on the G new business advertising agency contract between D and M(hereinafter referred to as “R”).