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(영문) 서울서부지방법원 2016.03.14 2014고단3253 (1)

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. The Defendant using computers, etc. and B, together with C and D, entered into a guarantee insurance contract with E and F’s mother’s authorized certificate, etc. to use it as a joint guarantor, and have them issued a guaranty insurance policy to use it to purchase on credit the dumped goods.

In accordance with the above public offering on February 2012, the Defendant would have the amount of KRW 10 million loaned to E through an insurance company if the Defendant brought about the certification certificate and the certificate of property tax payment for the pro-Japanese-dong, Incheon Metropolitan City under the public offering.

Loans shall be repaid after one year, and no interest shall be paid.

“Around that time, the Defendant and B had been managed by E.

F The F’s official certificate and certificate of property tax payment have been issued.

Since then, although the Defendant and B did not consent to the joint and several guarantee of the performance guarantee contract, on February 27, 2012, the Defendant and the Defendant concluded a guarantee insurance contract for performance of KRW 100 million (sale price of goods) with the victim jointly and severally as a guarantor by entering F’s official stamp number, etc. after accessing the site of the Seoul Guarantee Insurance Co., Ltd. using a computer at the closed location on February 27, 2012 as if the F agreed to the joint and several guarantee, and then entered into a guarantee insurance contract for performance of KRW 30 million (sale price of goods) in the same manner as on March 21, 2012, and issued a guarantee insurance contract for performance equivalent to the same amount.

Accordingly, the defendant, in collusion with B, obtained a total of KRW 130 million from the damaged person by making data processed by inputting information without authority into the computer or any other information processing device.

2. The Defendant and B did not pay part of the amount of credit goods as described in paragraph 1, and caused an insured incident, and the Seoul Guarantee Insurance Co., Ltd. is a joint guarantor.