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(영문) 서울고등법원 2016.06.02 2015노3647

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Of the facts charged in the instant case.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.

2. Determination ex officio on the violation of the Act on Regulation and Punishment of Concealment of Criminal Proceeds

A. On March 2008, the Defendant began to work as a member of the branch office C branch office of Aju Capital Co., Ltd. and was in charge of examining the application for the loan of the second class loan.

The Defendant: (a) The document related to the client who filed an application for a loan can be inquired through the company’s computer; (b) the business team employee, upon examining the application for a loan, read only a brief examination report prepared by the business team employee without examining documents in detail to the head of the team or the head of the branch office; and (c) applied for a loan through ENC, a company affiliated with the victimized company, a company affiliated with the victimized company, and transferred the loan to a third party without directly contact with the client when the loan is approved; and (d) the third party applies for a loan in the name of the third party from September 6, 201 to July 9, 2015, using the fact that the business team employee transferred the loan to the second and the third party and then fraudulently acquired the loan amount of KRW 5,07,500,000,000 from the total of KRW 106 times from around September 6, 2011 to July 9, 2015.

On the other hand, with a view to pretending that a false loan was legally acquired in order to make it difficult to identify and discover the above fund with knowledge that it was a crime profit, the Defendant contact with the affiliated parties and “a loan that is carried out separately upon the request for a loan from a middle and high-ranking dealer who is well aware of it.”

In that sense, it means that the loan is deposited into a sea-dr's account to proceed through alliance, and it is different from it." The defendant's pro-Japanese job offers who are the highest from the affiliation point with the middle and high-end trade with the intention to end.