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(영문) 서울중앙지방법원 2014.11.27 2014고합921
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

Defendants shall be punished by imprisonment for one year.

However, for two years from the date this judgment became final and conclusive, each of the above Defendants is against the Defendants.

Reasons

Punishment of the crime

[Criminal Justice] On April 12, 2013, Defendant B sentenced Defendant B to imprisonment with prison labor and six months for fraud at the Seoul Central District Court on April 12, 2013, and the said judgment became final and conclusive on September 26, 2013.

Defendant

C On September 26, 2014, the Seoul Northern District Court was sentenced to one year of imprisonment for a violation of the Act on the Promotion of Game Industry and was sentenced to two years of suspension of execution, and the said judgment was finalized on November 17, 2014.

【Criminal Facts】

1. Around January 11, 2011, Defendant B’s fraud: (a) drafted and issued a cash storage certificate stating that “if an additional loan is not made by January 21, 201, 600,000 won will be returned immediately; (b) Defendant B would have the victim G obtain an additional loan of KRW 1.5 billion to the acquisition fund of the above theater by collateraling the I theater building located in Gwangjin-gu, Seoul; (c) if the loan cost would be KRW 6 million, the loan will be due; and (d) in order to believe it, Defendant B would have the victim G receive an additional loan of KRW 1.5 billion.”

However, even if the defendant received the money from the victim as a loan expense, he did not have the intention or ability to allow the victim to obtain an additional loan of KRW 1.5 billion.

The Defendant, by deceiving the victim as such, received 6 million won from the victim to the account of community credit cooperatives under the name of the Defendant for loan expenses on the same day.

2. The Defendants in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (reconciliationed) of the Defendants may receive a loan of KRW 10 billion from the teaching life of the land as security from the victim L at the K coffee shop located in Gangnam-gu Seoul J in October 201, and at the request of the victim L to purchase the non-M and 41 parcels.

On the other hand, in order to continue the work, we shall pay expenses and appraisal expenses necessary for the loan business every time we request, and if you receive a loan of 10 billion won, 10 billion won, which is 10% of the loan.

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