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(영문) 서울서부지방법원 2012.08.14 2011고단943
사기등
Text

Defendant

B and Defendant C shall be punished by imprisonment for ten months, and Defendant A shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

[Criminal Justice] On May 3, 2011, Defendant A was sentenced to two years of imprisonment with prison labor for fraud at the Busan District Court on February 9, 2012. Defendant B was sentenced to two years of suspension of execution on May 21, 2009 and sentenced to two years of suspension of execution on December 24, 2009 at the Seoul Central District Court on May 21, 2009. Defendant C was sentenced to one year of imprisonment with prison labor at the Seoul Central District Court on August 17, 201, and the said judgment became final and conclusive on January 27, 2012.

【Criminal Facts】

1. Defendant C, in violation of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, at the office of the victim L, located in Gangnam-gu Seoul, Seoul, on July 2009, entrusted the victim with the loan of KRW 35 billion necessary for acquiring “M bank” from the victim and asked Defendant B to introduce funds to loan the above money. Defendant B contacted Defendant A, who operates the lending company with the trade name “O” on the fourth floor of the building in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, with the trade name of “O” so that the victim can be contacted with the victim. Defendant A was transferred KRW 50 million from the victim to the Agricultural Cooperative account in the name of P on July 20, 2009, and on July 21, 2009, Defendant C arranged Q and the victim’s south from the above “O office.”

As a result, the Defendants jointly did not register with the competent authorities, but engage in a business of arranging cash brokerage.

2. However, as a result of the negotiations on the terms and conditions of loans of the Fund Notes Q and the victim L, Defendant B introduced R at the head office of the National Bank name in Jung-gu Seoul, Jung-gu, Seoul, to a person who is able to lend 35 billion won to the victim, and around July 23, 2009 at the inter-discient coffee shop located in Jongno-gu Seoul, Jongno-gu, Seoul, and around 10:00 on July 23, 2009, received KRW 80 million per face value from the victim as a preference for loans, and delivered it to R as it is.

However, R is difficult to make a loan on July 23, 2009.

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