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(영문) 서울중앙지방법원 2019.08.09 2019고합35

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant

O or A Imprisonment for three years and six months, Defendant P, and Defendant Q, respectively, shall be punished by imprisonment for three years and five years.

Defendant .

Reasons

Punishment of the crime

[criminal power] On July 10, 2015, DefendantO was sentenced to 6 months of imprisonment for fraud at the Seoul Northern District Court and 2 years of suspended execution, and the judgment became final and conclusive on December 11, 2015. On June 26, 2015, DefendantO was sentenced to 10 months of imprisonment for fraud and 2 years of suspended execution on January 11, 2016, and the judgment became final and conclusive on September 23, 2016, by being sentenced to 2 years of imprisonment for fraud at the Seoul Central District Court as a fraud. < Amended by Act No. 13373, Feb. 26, 2016>

Defendant

P was sentenced to two years of imprisonment for fraud at the Seoul Central District Court on February 26, 2016, and the judgment became final and conclusive on July 25, 2016.

Defendant

On December 22, 2015, A was sentenced to imprisonment of two years and six months for fraud at the Seoul Western District Court, and the judgment became final and conclusive on September 28, 2016.

Defendant

Q was sentenced to three years and six months of imprisonment for fraud, etc. at the Incheon District Court on September 7, 2016, and the judgment was finalized on November 22, 2016.

【Criminal Facts】

The Defendants, together with the following: (a) the head of the National Treasury team operating the Cheongdae National Treasury funds; (b) Defendant P was able to invest money in cash on the false statement that “I will lend money to KRW 20 billion to KRW 30 billion or KRW 30 billion with the company’s operating funds; (c) Defendant A was able to invest in money by the team members of the above National Treasury; and (d) Defendant Q was the highest person in charge of operating the Cheongdae National Treasury funds; and (c) Defendant Q was able to select a promising small and medium enterprise with the funds operated by the Cheongdae National Treasury and the government with the funds operated by the Cheongdae National Treasury, not with the regular bank rights, but with the funds operated by the Cheongdae National Treasury.”

Defendant

O and P, around April 11, 2015, lent KRW 1 billion to the injured party U for expenses incurred in operating the National Treasury Fund at the coffee shop located in Jongno-gu Seoul, Jongno-gu, Seoul, to the injured party, the company can immediately turn KRW 500 million to return KRW 1.5 billion and operate the company separately.