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(영문) 서울중앙지방법원 2014.02.07 2013고합1151
특정경제범죄가중처벌등에관한법률위반(사기)
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant, from January 208, while operating an entertainment tavern “L” on the first ground of Gangnam-gu Seoul, had a loan broker (hereinafter “victim bank”) prepare false documents, power of attorney, promissory note, loan certificate, etc., which are issued by the Defendant to the employees of entertainment establishments, such as Mascam and contact loan, against the owners of entertainment establishments, with the knowledge of the fact that the Defendant, from around January 2008, “mascaming loan” is being provided as security for the lending of prepaid money (employment agreement, contract of employment guarantee, loan certificate, etc.). The Defendant collected fees from those who did not receive money in advance from the said establishment, and even if the said establishment was affiliated with the said establishment, the Defendant did not receive money in advance from the said establishment, to those who did not receive money in advance, and did so by receiving money from the victim bank by means of loan security.

The Defendant, from December 2, 2009 to March 2010, prepared a false marina document (an employment agreement, a probation guarantee, a power of attorney, a promissory note, etc.) as if he/she had worked at the said establishment or received prepaid money in advance at an entertainment tavern “L” at the said establishment from March 1, 201, and then received KRW 300,000 as the price for the work. The Defendant, as shown in the attached Form, had 20 persons receive KRW 1,395,00,000 for prepaid money, as the case of “the details of preparation of false prepaid payment for entertainment tavern L”, and submitted this document to the personnel of the personal financial division of the victim bank, along with the loan application form, received KRW 1,50,000,000 from the victim bank and received KRW 1,50,000,000,000 from the victim bank.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer for M/P.

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