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(영문) 서울동부지방법원 2015.11.26 2015고단1371
사기등
Text

A defendant shall be punished by imprisonment for one year.

39,000,000 won shall be additionally collected from the defendant.

Of the facts charged in this case, 1.

Reasons

Punishment of the crime

1. On May 2013, the Defendant, who committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (recrimination) committed fraud and the Aggravated Punishment, etc. of Specific Economic Crimes, concluded that “A victim D, who was aware of his/her reputation at the Defendant’s office located in Gangdong-gu Seoul Metropolitan Government, had been working for a long time in the Credit Guarantee Fund and became aware of his/her retirement. As such, if he/she is aware of a large number of persons in charge of the Credit Guarantee Fund, he/she would allow the Credit Guarantee Fund to obtain a loan of KRW 2 billion from the Korea Credit Guarantee Fund on his/

In addition, around July 18, 2013, the Defendant, at the above Defendant’s office, could execute a loan after the completion of all kinds of work, when the phrase “the victim by telephone” was sent from the above Defendant’s office to the victim for approximately one month. On the other hand, the Defendant sent money to the Defendant for the first time.

However, the defendant is working at the Credit Guarantee Fund.

It was not known that there was no intention or ability to arrange the loan to the victim at the request of the employees in charge of the loan of the Korea Credit Guarantee Fund, even if they received money from the victim because they did not know about the retired ship and thought that the money received from the victim was used for the defendant's office rent.

On July 28, 2013, the Defendant received KRW 3 million from the victim to the Defendant’s new bank account under the pretext of expenses incurred in arranging loans.

From around that time to February 26, 2014, the Defendant changed the course expenses, etc. to allow the Credit Guarantee Fund to obtain a loan from the Korea Credit Guarantee Fund on five occasions, such as the list of crimes in the attached Table, and the Defendant received a remittance or delivery of KRW 39 million in total as the part of the loan intermediary expenses from the victim.

As a result, the defendant deceivings the victim and takes property, and simultaneously mediates matters belonging to the duties of executive officers and employees of financial companies, etc.

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