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(영문) 서울남부지방법원 2014.05.01 2013고합519
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

While working as a loan solicitor belonging to the HSBC bank, the Defendant sought to obtain a loan from a financial institution, but the Defendant first granted a loan to those who fall short of the qualification requirements for a loan by illegally allowing the Defendant to meet the qualification requirements for a loan, thereby allowing them to receive a loan regularly from a financial institution and receiving the fee therefor.

During that process, the Defendant, while borrowing money from other persons due to the lack of funds to prevent illegal loans as seen above, had misrepresented the employees of HSBC bank regularly to pay interest and principal thereof, had the Defendant received money from the victim C as the deposit money for HSBC bank, and used some of them for the purpose of repaying the principal and interest of other obligations and for the Defendant’s living expenses, and had the remainder to pay the same as the interest of the victim’s existing deposit money.

Accordingly, the Defendant, at the victim's office located in Gangnam-gu Seoul Metropolitan Government on April 23, 2012, stated the name "the head of the HSBC Personal Finance Division A" as the victim's "the head of the HSBC bank's personal finance division", and said, "it has been in office as the victim of the victim's office in the Gangnam-gu Seoul Metropolitan Government on April 23, 2012, 40 accounts deposited in 5 billion won per account are managed by 40. These accounts are paid at a high rate interest rate and managed by the HSBC bank. These accounts are guaranteed as principal because they are paid at each interest rate and managed by the HSBC bank in the name of the defendant: Provided, That this account must be opened in the name of the defendant (b) so it is said that the account will prepare a cash storage certificate and pay each share interest

However, in fact, the defendant was merely a loan solicitor who entered into an entrustment contract with the HSBC bank and was not a regular employee, and thus did not have the right to manage and operate the customer's deposits, and as such, deposited money from the victim as the above.

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