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(영문) 수원지방법원 2014.05.22 2013고합794

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 28, 2011, the Defendant made a false statement that “A victim was requested to collect a claim at the F Credit Information Company and the Suwon Northern Branch (the head of the G Credit Information Company Branch) where the Defendant works as the branch office at the F Credit Information Company and the branch office (the head of the branch office of the G Credit Information Company).” However, the Defendant purchased a high-quality bond, such as Korean cosmetics and Ampic traffic, 100% profits from the purchase of a high-quality bond. If the Defendant borrowed money for the purchase of a bond, the Defendant would be able to collect a large amount of money and pay at least two copies of interest.”

However, the Defendant was not an expert in the purchase of bonds, but was not able to purchase bonds separately from the above information company working as a branch office. Moreover, even if the Defendant borrowed funds from the victim, it did not have any intent or ability to purchase the outstanding bonds. The Defendant did not have any special fixed income other than KRW 1,00,000 per month, which is the fixed salary, and did not have any intent or ability to repay the funds even if it borrowed the funds from the victim.

Nevertheless, the Defendant is the victim as above, and around June 28, 201, the Defendant received 70 million won from the Defendant’s national bank account (H) with the Defendant’s national bank account (H) as a loan for the purchase of bonds, from that time, and thereafter, received from that time a total of nine times until December 14, 2012, a total of KRW 717 billion, as shown in the separate crime list, from that time, was remitted as a loan for the purchase of bonds.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Each legal statement of witness E and I;

1. Each police statement made to E and I;

1. A complaint, supplement of complaint, and false bonds purchase documents;

1. Each investigation report (the sequence 14, 15 of the evidence list);

1. Application of the Acts and subordinate statutes concerning the adjustment statement, contract, and transaction details of passbook;

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, the Criminal Act for the crime.