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A defendant shall be punished by imprisonment for one year.
The defendant pays 200,000,000 won to the applicant through fraud.
Reasons
Punishment of the crime
The defendant is a person who served as a former official of F Co., Ltd., Ltd. under the name of D (E).
In collusion with D, on February 2015, the Defendant concluded that, at the F Office located in Seoul Special Metropolitan City, Nowon-gu, the Defendant, along with D, that “When depositing KRW 200 million with a contract deposit for the establishment of a credit center, the Defendant would have opened a normal credit equivalent to USD 720,000 on behalf of F so that Aluminum, etc. may be imported.” If the credit is not issued, the Defendant would immediately return the contract deposit amount of KRW 200,000,000.”
However, at the time, the Defendant and D opened the L/C related to H’s clothing import under the name of I, J, F, and K operated by D upon the G’s request, but the Defendant and D did not have the intent or ability to issue a normal L/C to the victim, as they were in excess of the wind that G did not pay the L/C amounting to KRW 7 to 80 million. In addition, the Defendant and D did not have any intent or ability to issue a normal L/C to the victim. In addition, as seen above, there was no intention or ability to issue a L/C instead of the L/C or return the contract deposit amount to KRW 200 million.
On February 9, 2015, the Defendant conspired with D to deception the victim, and received KRW 200 million from the victim through the National Bank account in the name of F Co., Ltd., for a contract deposit related to the issuance of the letter of credit.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s statement;
1. A protocol concerning the interrogation of the accused by the prosecution (No. 2-5, 4609 pages);
1. Statement made by the prosecution with respect to L, C and G;
1. A supply contract by proxy;
1. Export-related documents;
1. Application of Acts and subordinate statutes regarding transaction details;
1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;
1. Orders for compensation;