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(영문) 수원지방법원 안양지원 2018.01.19 2017고단1991

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On November 30, 2012, the Defendant was sentenced to a suspended sentence of two years on October 10, 201, in the Sungnam branch support, for criminal fraud, etc., and the judgment became final and conclusive on December 8, 2012.

[Criminal facts]

1. At the end of June 2009, the Defendant will receive a payment guarantee of KRW 2 billion from the NAF branch in the D hotel (former E hotel) coffee shop located in Yeongdeungpo-gu Seoul Metropolitan Government.

The head of a branch office shall do so

Hashean cost is borne.

The principal will be returned by combining the guarantee and interest to 2-3 on the face of a week even before the low-priced payment.

“A false statement” was made.

However, there is no fact that the defendant did not agree with G, which is the head of the agricultural F branch office, and issued a certificate to pay to the defendant at the above F branch office.

Since there was no fact, even if the victim received money from the victim as a security, it was issued with the victim's payment guarantee and there was no intention or ability to return the money.

Around July 10, 2009, the Defendant, by deceiving the victim as above, received KRW 2,000,000 from the post office account (H) in the name of the Defendant around July 10, 2009.

2. On August 2009, the Defendant continued to make a false statement on August 1, 2009, that “The Defendant did not receive additional expenses because he did not have a fee,” to the victim at the hotel coffee shop, such as the above paragraph 1.

However, the defendant would issue a payment guarantee to the defendant at the point of Nonghyup F branch.

There was no intention or ability to receive the payment guarantee from the victim, even if the victim received the payment from the victim for expenses.

Around August 3, 2009, the Defendant: (a) by deceiving the victim; and (b) received KRW 2,300,000 from the post office account (H) in the name of the Defendant around August 3, 2009 from the victim.

Accordingly, the defendant was given a total of KRW 4,300,000 by deceiving the victim.