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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
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, there is no fact that the Korean bank has paid to the director of the regional branch office of the Korean bank, and there was no intention or ability to issue a payment guarantee letter equivalent to KRW 900 million of the issuance of the Korean bank even with money received from the victim due to the lack of ability to pay.
As a result, the Defendant, in collusion with C, by deceiving the victim as such, received the amount of KRW 10 million on April 13, 2012, KRW 400,000 on April 16, 2012, KRW 14.6 million on May 1, 2012, from the victim, for the purpose of issuing the payment guarantee certificate from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police interrogation protocol of the accused, G, and C;
1. Each police statement concerning D;
1. Each investigation report;
1. Application of Acts and subordinate statutes on receipts, copies of receipts, copies of a letter of intent to issue, copies of a letter of intent to issue, copies of cash custody certificates, and receipt;
1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Articles 347 (1) and 30 of the Criminal Act;
1. Suspension of execution: Recommendations and sentence based on the sentencing guidelines under Article 62 (1) of the Criminal Act (including the amount of damage, gains that the defendant has actually acquired, gains that the defendant acquired, or gains that the defendant does not repeat again, etc.): The basic area of the category 1 (less than KRW 100 million) of general fraud (6-16 months);