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(영문) 인천지방법원 2012.07.12 2012고단1705

사기

Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant

BS was sentenced to imprisonment for fraud at the Incheon District Court on July 27, 2006 and completed the enforcement of the above sentence on August 5, 2010.

The Defendants, along with Defendant BS, conspired with Defendant BS to acquire a payment guarantee certificate issued by KRW 500,000,000 in lieu of the above sales contract amount from the victim BV, the wife of the BU, which is the wife of the public prison, for the purpose of arranging the purchase of the victim BV, BX ground 6, and underground third-story building.

Defendant

BS around December 2010, the public prison located in Geumju-dong 360, Geumju-dong, 360, stated that “A building may be purchased only by a payment guarantee certificate, even if there is no money equivalent to the above-mentioned value. A certificate of payment is issued in an amount equivalent to KRW 500,000,000, in lieu of the above sales contract amount of the building, and the building may be purchased by means of a payment guarantee in lieu of the above sales contract amount, after purchasing the building, and paying a balance after receiving a loan as security.” The victims used the above building to purchase the building.

Defendant

A around December 23, 2010, around December 23, 2010, issued four copies of the payment guarantee of KRW 200 million in total, including one copy of the payment guarantee of KRW 1,50,000,000,000,000 in KRW 1,55,000,000 in the payment guarantee of KRW 1,50,000,000 (hereinafter “instant payment guarantee”) to the victim through Defendant BS.

Since then, on January 201, 201, Defendant A stated that “The fee for the payment guarantee of KRW 500 million is KRW 50 million, which is 10% of the guaranteed value. As the victim has no amount to KRW 9 million now, Defendant A wired the amount of KRW 9 million to the victim, and the remainder of KRW 41 million, the building was purchased and paid by the bank as collateral.”

However, the Defendants did not have any particular property or income.