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(영문) 전주지방법원 2013.05.09 2012고단2967
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 14, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) in the Busan District Court’s Branch Branch on June 14, 2012, and the said judgment became final and conclusive on June 25, 2012.

Around August 201, the Defendant proposed that, in order for the Defendant to supply recyclables to Osung Resources, the victim D, a company that supplies recyclables, came to know of the need for a payment guarantee of KRW 500 million for advance payment to be provided to C, and that, “E requires a two-year payment guarantee of KRW 500 million for the security deposit, if issued such a guarantee, it would receive KRW 50 million for KRW 500 million for the security deposit and receive KRW 15 million for the security company, KRW 35 million for the security company, and KRW 35 million for the remaining KRW 35 million for the security company.” In collusion with E, the Defendant provided that, in collusion with E, it would divide the fees required for the payment guarantee from the victim into two parts.

Accordingly, at a place where the victim was unknown on October 201, 201, the Defendant concluded a false statement to the effect that “The gold finance of a stock company would issue a certificate of payment guarantee regarding KRW 500 million from the gold finance of a stock company as a trusted company. It requires KRW 50 million with a fee for issuing a payment guarantee certificate, and that the person who assisted in the above need to obtain a separate fee of KRW 15 million with a separate fee of KRW 65 million.”

However, in fact, the gold finance corporation could not issue the payment guarantee certificate and can only be issued the purchase guarantee, and the purchase guarantee fee is not only 3% of the guaranteed amount, but also the purchase guarantee fee is also 15 million won, and the 15 million won separately demanded was considered to be acquired and used individually.

Nevertheless, the Defendant, by deceiving the victim as such, has taken place around October 19, 201 from the F, who is an employee of the victim, so that the Defendant is in the Gangnam-gu Seoul Eastdong.

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