A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 13, 2012, the Defendant, in collusion with C, concluded a false statement that “The Defendant would issue a letter of payment guarantee equivalent to KRW 900 million to the head of the branch office of the National Bank calendar branch office of the National Bank of Korea, Myeong-si, Ansan-si, which is operated by the Victim D, by paying KRW 20 million to the head of the branch office of the National Bank of Korea.”

However, in fact, there is no fact that the national bank did not pay back to the designation potential bank station, and there was no intention or ability to issue a certificate of payment guarantee equivalent to KRW 900 million of the issuance of the national bank even with cash received from the victim because there was no ability to pay up.

Accordingly, the Defendant, in collusion with C, by deceiving the victim as such, and by deceiving the victim, obtained the victim a total of KRW 10 million on April 13, 2012, KRW 400,000,000 on April 16, 2012, and KRW 14.6 million on May 1, 2012 from the victim as the cost of issuing the payment guarantee certificate.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police interrogation protocol on the accused and G;

1. Statement made to D by the police;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to performance notes, certificates of personal seal impression, copies of receipts, letters of intent to issue, and copies of cash custody certificates;

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime: The sentence shall be imposed within the scope of the sentencing guidelines by taking into account the following circumstances: (a) the amount of damage, motive, means and method of the crime in this case, circumstances before and after the crime, Defendant’s age, character and conduct, career, environment, etc.: (b) the punishment for the same kind of reasons (including actual sentences) of sentencing under Articles 347(1) and 30 (Selection of Imprisonment) of the Criminal Act, but the nature of the crime is not good; and (c) the punishment for the crime was imposed by taking into account the following circumstances: (a) the amount of damage, motive, means and method of the crime in this case; (d) the motive, means and method of the crime in this case; (b) the defendant’s age, character and conduct, and environment