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(영문) 서울중앙지방법원 2018.04.25 2017고단649 (1)
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, together with B, is expected to receive a loan of KRW 20 billion from a commercial bank in Korea as security at a coffee shop where it is impossible to know the trade name in Seocho-gu Seoul, Seocho-gu, Seoul, on October 2015, the Defendant issued EL (Stby LC) from the foreign bank to the victim C.

Scena ELC has been determined to be issued through a transfer set in red bean, and us has completed the consultation with the Korean commercial bank to obtain a loan of KRW 20 billion.

Switzerland's standard is that us will bear KRW 120 million out of the deposit 240,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

“.........”

However, the Defendant and B did not have any specific confirmation as to whether ELC can be issued under the above standards, and there was no consultation on loans secured by ELC with Korean commercial banks, and there was no intention to bear KRW 120 million of ELC issuance deposit.

In collusion with B, the Defendant, by deceiving the victim as such, received a total of KRW 120 million, including KRW 4.5 million around December 12, 2015, KRW 25 million around 16th of the same month, KRW 30.5 million around the same month, KRW 30.5 million around January 20, 2016, and KRW 60 million around January 20, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning the suspect interrogation protocol concerning the defendant and B by the prosecution;

1. Statement made to C by the police in the protocol; and

1. Each statement of payment, each written statement of payment, each of these certificates, and each deposit certificate;

1. The reason for sentencing under Article 347 (1) and Article 30 (Selection of Imprisonment) of the Criminal Act as to the facts constituting an offense subject to the applicable Acts and subordinate statutes in the investigation report (to hear statements by telephone, who is the complainant) and the reasons for sentencing;

1. The scope of the recommended punishment on the sentencing criteria / [types] the two types of general frauds (one hundred million won).

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