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(영문) 서울북부지방법원 2015.06.30 2015고단647

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

1. The fraud Defendant, along with C Bank’s regional headquarters D, intended to obtain money from the victim F with “20 billion won loan.” Accordingly, around November 25, 2013, E, from the “I” side of the H bank building located in Jongno-gu Seoul Metropolitan Government H Bank G, “The victim had already been engaged in the work with “20 billion won loan from the C Bank,” and KRW 100 million will be paid to the victim within 15 days if the victim was sealed, and there is no concern about whether incumbent C Bank D will provide a custody certificate,” and the Defendant issued a custody certificate to the effect that he/she keeps a copy of his/her identification card and KRW 100 million. However, the above “20 billion loan” did not exist, and even if the victim received KRW 100 million from the victim, the Defendant and E did not have the ability to obtain repayment by using his/her own intent or ability to use the loan. Therefore, the Defendant and E did not have any debt.

In collusion with E in this way, the Defendant received KRW 100 million from the victim and acquired it by fraud.

2. Executive officers and employees of a financial company, etc. that violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (private financial brokerage) shall not guarantee debts, etc. on their own account or for the account of a third party in addition to the affiliated financial

Nevertheless, the Defendant guaranteed the loan from EF by taking advantage of the position of Cbank D, such as the date, time, place, and place described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspects of the accused and E by the prosecution;

1. A protocol concerning the examination of each police suspect against J, K, or L;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to copies of cash custody certificates;

1. Relevant Article 347(1) and Article 30 of the Criminal Act concerning the crime, the choice of punishment, and Article 8 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the point of private financing brokerage) and Article 347(1) of the Criminal Act, respectively;