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(영문) 대전고등법원 2016.08.26 2015노515
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

Of the facts charged in the instant case, the Defendants.

Reasons

1. In the judgment of the court below, as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), among the facts charged in this case, the prosecutor shall request the change of part of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (influence of fraud) as to the violation of the Aggravated Punishment, etc. of Specific Economic Crimes (influence of the Preliminary Crime) (influence of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) and the violation of the Aggravated Punishment, etc. of Specific Economic Crimes (influence of the Preliminary Crime) (influence of the violation of the Aggravated Punishment, etc. of Specific Economic Crimes (influence of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) from among the facts charged in this case, the judgment below before the change shall no longer be maintained.

2. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

Defendant

A is a person who worked as a branch from January 201 to March 2013 at a bank I located in Gangnam-gu Seoul Metropolitan Government He, and Defendant B was working as a deputy head at the same branch from July 201 to July 2012.

The Defendants shall guarantee, as the staff of the Korean Bank, the loans in the name of support for the funds for machinery and equipment provided by the Korea Credit Guarantee Fund at the Korea Credit Guarantee Fund, and when the relevant machinery and equipment are installed, the funds for the facilities shall be funds under the credit guarantee accompanied by a special agreement to the effect that they will be promptly

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