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(영문) 서울서부지방법원 2016.01.20 2014고단3253
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. The Defendant, along with D, and E, entered into a guarantee insurance contract with F’s mother G’s certificate as a joint guarantor, and entered into a guarantee insurance contract with G as a joint guarantor. The Defendant, and C, together with D, E, etc., intended to use the guarantee insurance contract to purchase the dumped goods on credit.

C In accordance with the above public offering on February 2012, 2012, F would have the degree of KRW 10 million loaned to F through an insurance company if the certificate of recognition and the certificate of payment of property tax of pro-Japanese-dong, Incheon Metropolitan City (G) for pro-Japanese-dong.

Loans shall be repaid after one year, and no interest shall be paid.

“Around that time, the Defendants were managed by F from F.m.

G Certifications and certificates of property tax payment have been issued.

Since then, the defendant and C did not agree to the joint and several guarantee insurance contract of G, as if G agreed to the joint and several guarantee;

A. On February 27, 2012, entering into a guarantee insurance contract for performance of KRW 100 million of the contract price with G as a joint guarantor (sale price of goods) between the Seoul Guarantee Insurance Co., Ltd. and obtaining a performance guarantee certificate equivalent to the same amount, by entering a computer into the Seoul Guarantee Insurance Co., Ltd. site and entering the password, etc. of G’s official certificate after accessing the site via a computer;

B. On March 21, 2012, around March 21, 2012, an insurance contract was concluded for performance of KRW 30 million (sale proceeds of goods) and was issued as a performance guarantee equivalent to the same amount.

As a result, the defendant, in collusion with C, entered information without authority into a computer or any other information processing device, thereby obtaining a total of KRW 130 million from the Seoul Guarantee Insurance Co., Ltd.

2. In respect of bond loans, the accused, and C, as described in paragraph 1.

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