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(영문) 전주지방법원 정읍지원 2014.04.15 2013고단641

사기등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2012, the Defendant stated that “Around May 2, 2012, the victim D and E received 400 million won through the horizontal upper line that they know well in the inside of the building” from the parking lot of the building located in North Korea, 10% of the loan amount under the pretext of personnel expenses.”

However, the defendant did not have the intention or ability to receive a secured loan through the Suhyup's executives and employees.

On July 26, 2012, the Defendant, by deceiving the victim, received KRW 26 million from the victim.

Accordingly, the defendant acquired money from the victim, and received money and valuables for arranging matters belonging to the duties of officers and employees of financial companies, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on the protocol of prosecutor's statement concerning D and F;

1. Article 347 (1) of the Criminal Act in relation to the crime, Article 7 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the point of fraud), and selection of each imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (Consideration to the agreement with the victim, etc.);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 10 (2) and (3) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;