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(영문) 서울서부지방법원 2015.02.13 2014고단2617

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

C became aware of the victim F while raising funds to carry out natural recreation forest development projects in Yangsan City E as the representative of D, and F, while trying to carry out the project with C, he was able to obtain a guarantee of the Seoul Guarantee Insurance Policy from the Defendant through G.

On June 2013, in order to get a guarantee of the amount of KRW 9 billion from the Seoul Guarantee Insurance Fund to run the Seoul Guarantee Insurance Branch at the Defendant’s I office located in Songpa-gu Seoul, Songpa-gu, Seoul. Around June 2013, the Defendant said that it is necessary to pay KRW 270,000,000,000, and that in order to obtain a letter of intent to guarantee payment, the Defendant first said that it is necessary to pay KRW 40,00,000.

F was introduced through J in order to hear the above end of the defendant and to raise the cost of issuing the letter of intent for payment guarantee, and if the F loaned KRW 50 million to K as a fee necessary for issuing the letter of intent for payment guarantee, the F used the remaining KRW 10 million as a fee necessary for assigning an automobile as a security, and used it as a fee to pay KRW 65 million after 15 days thereafter.

F around August 29, 2014, around the same day, at the coffee shop in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, took a cashier's check of KRW 40 million from K, and the Defendant received the check through G at the I office operated by the Defendant in Dongdaemun-gu Seoul on the same day.

However, in fact, even if the defendant did not operate the Seoul Guarantee Insurance Branch, and received KRW 40 million, he was merely an intention to forge a letter of intent to guarantee the payment of the Seoul Guarantee Insurance and did not have an intention or ability to receive a letter of intent from the Seoul Guarantee Insurance.

Ultimately, the Defendant deceiving the victim as above and was issued a cashier’s check of KRW 40 million from the victim.

Summary of Evidence

1.F.