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(영문) 서울중앙지방법원 2017.05.26 2016고합1319
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

[criminal records] On January 11, 2013, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court, and the above judgment was finalized on January 19, 2013. On April 8, 2016, the Seoul High Court sentenced the Defendant to six years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and became final and conclusive on July 29, 2016.

[2] The facts constituting a crime D are as follows: (a) up to October 23, 2006; (b) up to July 17, 2008, E works in the Bank of Korea (in the case of a stock company, the entry of “stock company” is omitted); and (c) from December 26, 2011, F is a Korean bank employee as a branch of the Bank G branch from December 26, 201, and the said three persons were known to each other as workplace rent.

And H is the representative director of the J (hereinafter referred to as the "J") with the 1144th floor of Yongsan-gu Seoul Metropolitan Government I building 21, Dong 1144.

The Defendant, in collusion with K (L), E, D, F, M, etc., deposited KRW 5 billion in the name of J, issued two copies of a cover note with the face value of KRW 2,514,383,561, which was borrowed from the credit service provider N branch in the N branch of our bank in the name of J, and received two copies of the cover note, separate from the aforesaid cover note, acquired two copies of the blank cover note issued by our bank from F, and then received the same as the aforesaid cover note and received the loan as a collateral and received the loan in installments.

Accordingly, according to the direction of K, M would like to take the H of J’s representative director acting as the nominal owner, H would, as above, request the issuance of a cover note 2 in the name of J, and then obtain loans as security from two copies of other counterfeit bills which copied the issuance of the cover note 2. D would deposit H with the Vice-General of the N branch of the Bank of Korea and introduce the cover note to the person requesting the issuance of the cover note, and then receive a copy of the cover note from P, and deliver the cover note 2 to K, while giving money and valuables to F along with E, deduct the blank note 2.

It shall be delivered to K, etc., two pages of blank cover notes drawn from F after the proposal of the proposal.

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