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
On February 198, when the defendant worked as an agent in charge of the business of reverse Tridong Branch Co., Ltd., the defendant was under severe pressure due to the loss of stock trading, and he was accused of being paid to the customer, deceiving the company to use the company in personal use by receiving KRW 500 million.
On February 21, 1998, the Defendant stated that “F, a person working for the first floor of the Gangnam-gu Seoul E building, is the same cash receipt staff of the same branch office at the office of Ydong branch office, D Co., Ltd., the Defendant, at which the Defendant works for the first floor of the building in Gangnam-gu, Seoul, was false, although the customer did not request cash withdrawal, and the Defendant was thought to use at KRW 500,000,000,000,00
Accordingly, F requested the head office of D Co., Ltd. to pay KRW 500 million, and deposited from D Co., Ltd. in the bank account (Account Number: H) in the name of D Co., Ltd. dong branch on February 23, 1998, and around 09:30 on February 23, 1998, F claimed KRW 1,128,702,056, including the sum of KRW 500,050,000,000,000 as requested by the Defendant at the time, and among them, deposited KRW 50,000,000,000 as requested by the Defendant at the Y branch of Korea-U.S. bank.
At around 11:40 on February 23, 1998, the Defendant received cash KRW 500,000,000 from the Bank staff I in charge of the Bank and escaped to the Defendant’s passenger car.
As such, the defendant accused the victim D Co., Ltd. through F, thereby deceiving the victim D Co., Ltd., thereby deceiving cash KRW 500 million.
Summary of Evidence
1. Defendant's legal statement;
1. An interrogation protocol of F by prosecution;
1. Each prosecutor's protocol of statement against J and K;
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act concerning the crime;
1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;
1. The conditions that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act.