특정경제범죄가중처벌등에관한법률위반(사기)
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.
Punishment of the crime
The Defendant: (a) upon request from D substantially operating the Victim C Co., Ltd. (hereinafter “victim Co., Ltd”); and (b) on December 20, 2013, upon request of D to color the nominal name holder for the representative, etc. of the Victim Co., Ltd., the Defendant incorporated the Victim Co., Ltd. under the name of E; (c) on the ground of nominal audit; and (d) on the written indictment of the Victim Co., Ltd., Ltd., the Defendant stated “corporate
(hereinafter the same shall apply)
After opening an account and delivering the passbook to D, it was confirmed that KRW 1.360 million was deposited in the above account through the transaction information of the above account that was known in the course of participating in the establishment of the victim company and the opening of the bank account, and tried to acquire money by means of having E, a nominal representative, transfer funds from the above account.
On January 21, 2014, the Defendant made a false call to E in the vicinity of the Incheoncheon Park, Gangdong-gu Seoul Metropolitan Government, and “Around January 21, 2014, the Defendant made a false statement to “F as it is urgently required from the victim company to make a statement of proxy, company seal impression, etc. from the account in the name of the victim company to the account known as to whether it is within the said name.”
On January 22, 2014, the Defendant made E deliver related documents, such as power of attorney, company seal impression, corporate register, and business registration certificate, which are necessary for the banking business, to entrust the transfer of funds, and F made a report on the loss of the passbook in the name of the victim at the location of the Korean bank cancer station located in Gangdong-gu Seoul Metropolitan Government, and then transferred KRW 50 million from the bank account in the name of the victim company to the national bank account in the name of G and KRW 50 million from the bank account in the name of the victim company using the passbook in the name of the victim company.
In this respect, the Defendant acquired a total of KRW 550 million property interest in the amount of KRW 50 million.
Summary of Evidence
1. The defendant;