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(영문) 청주지방법원 2013.11.15 2013고합107

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to four years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Jeonju District Court's Military Mountain Branch on November 18, 2011, and the judgment became final and conclusive on May 29, 2012 and is currently being executed in the Youngju Prison.

【Criminal Facts】

On February 2, 2009, the Defendant recommended the victim D through A, an externally related village C, to make an investment, “A maintains the State’s credit management and sell only to some minority of the special claims of the State, while maintaining the State’s credit to work at the credit team belonging to the Financial Supervisory Service. The investment products can be freely set the investment period due to various kinds of investment products, and the principal can be deducted at any time if necessary.”

However, in fact, since since 2006, the Defendant had been working in the Financial Supervisory Service as if he had been working in the Financial Supervisory Service, and had been using the money in the name of his relative and branch as a living cost or as a dividend for the existing investors, there was no ability or intent to repay the principal and interest even if he received money from the victims.

The Defendant, as such, by deceiving the victim, received KRW 6,00,000 from the victim’s bank account in the above name C on February 25, 2009, and thereafter received KRW 2,525,152,600 from that time on October 11, 2010, as shown in the list of crimes in attached Form C.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including statement corresponding to C and D);

1. The second police statement of D;

1. Certificates of deposit transactions (Evidence No. 2), documents of transactions between our banks (Evidence No. 18,21), documents of transactions between C and C (Evidence No. 19) and each detailed statement of transactions (Evidence No. 22 and 28);

1. Previous convictions as indicated in the judgment: Criminal records and the ordinary records of dispositions, and the results of confirmation;