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(영문) 의정부지방법원 2016.12.08 2016고단2116
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On August 12, 2015, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended sentence for violating the Specialized Credit Financial Business Act at the Seoul Eastern District Court, and the said judgment became final and conclusive on August 20, 2015.

【Criminal Facts of Crimes】 On January 14, 2014, the Defendant would open within a short period of seven days and issue and receive 40 copies each of the number of units and promissory notes, respectively, within 20 days, on the condition that the victim E is well aware of the head of the headquarters, who is a senior executive of the our bank, at the request of the executive officer, and smoothly open the current accounts.

Part of the fee of KRW 35 million shall be paid to the executive officers of the Korean bank and the remainder shall be paid as the fee for internal payment.

‘False speech' was made.

However, the defendant thought that all of the above money was used in the name of the defendant's living cost, and even if he received money from the victim due to the failure of the senior executive officer of the Korean bank, he did not have the intention or ability to make the party's shares and promissory notes issued within seven days at the request of the head of the headquarters.

The Defendant, by deceiving the victim as such, received KRW 4 million from the victim to the Agricultural Cooperative Account in the name of the Defendant’s wife, on January 20, 2014; KRW 10 million on January 21, 2014; KRW 1 million on January 24, 2014; KRW 1 million on January 27, 2014; KRW 200,000 on February 27, 2014; KRW 400,000 on March 7, 2014; KRW 50,000 on March 12, 2014; and received KRW 2.6 million on March 31, 2014; and received money and valuables from the financial institution; KRW 2.6 million on March 25, 2014; and at the same time, received money and valuables from the victim to its executives and employees.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. The statement of E in the police interrogation protocol of the accused;

1. Each police statement with regard to G and I.

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