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(영문) 서울서부지방법원 2014.08.06 2014고합32

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

Defendants are jointly and severally liable.

Reasons

Punishment of the crime

around January 5, 2013, at the G hotel coffee shop located in Gangnam-gu Seoul, Gangnam-gu, the Defendants: (a) the victim D and E had the land for the shipbuilding station that was proceeding in Samho-gun Co., Ltd. (hereinafter referred to as “Tho-gun Sea”); and (b) sought to take over the Samho-gun Sea and change the land into the site for the power plant site. In relation to the aforementioned business, the Defendants agreed to issue a payment guarantee letter with respect to the receipt of the 300 billion won PF loan from the industrial bank (hereinafter referred to as “Korean Commercialization”). However, if the Defendants paid KRW 500 million to H (hereinafter referred to as “I”; (c) paid KRW 500 million to H (hereinafter referred to as “H”), the Defendants made a false statement that the payment guarantee letter is to deposit KRW 500 million within three days.

However, on November 2012, in fact, the Industrial Bank had first consulted about the PF loan, but in reviewing the PF loan, the Industrial Bank demanded an unconditional payment guarantee or a promise to take over the site of the large enterprise in the review of the PF loan, and the KF loan negotiation has been concluded on the wind that wishes to grant conditional payment guarantee or to take over the site of the site for the power plant site, and the KF loan negotiations had no change in the above position in the KF loan thereafter, there was no intention or ability to issue an unconditional payment guarantee certificate necessary for the PF loan even if it received funds from the victims.

As a result, Defendants conspired with the victims on January 18, 2013, KRW 200 million, KRW 100 million on February 4, 2013, KRW 170 million on February 15, 2013, KRW 50 million on February 18, 2013, and KRW 30 million on February 18, 2013, were transferred to Defendant A’s national bank account and acquired it by fraud.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness D, J, K, E, L, and M;

1. Some of each protocol of examination of suspect against the Defendants prepared by the prosecutor

1. Preparation of the prosecutorial investigation officer's statement in K with the prosecutor's preparation.