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(영문) 대전지방법원 2014.04.04 2013고단3436
사기미수등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 28, 2011, the Defendant was sentenced to a suspended sentence of three years in the year and June of imprisonment with labor at the Seoul Central District Court on December 28, 201, and the judgment became final and conclusive on May 24, 2012.

On March 201, the Defendant became aware of F, the representative director of the Seo-gu Daejeon D Social Welfare Foundation E, Seo-gu, Daejeon, with the introduction of the branch C around March 201, and introduced G, the president of the E, and made it possible to bring considerable profits to G, etc. for profit-making business, and decided to work as the head of H of the social welfare foundation.

1. On July 1, 201, the Defendant attempted to commit fraud, at the office of the Seo-gu Daejeon Social Welfare Foundation E, Seo-gu, Daejeon, Daejeon: (a) stated that “When concluding a contract to sell imported livestock products and deliver goods, the Defendant would settle the price without any molding, and deposit KRW 2 billion at the K branch of the National Bank K branch to secure this, and deliver a certificate of payment guarantee issued by the head of the branch office to prove this.”

In fact, E does not have any assets any time, and there was no fact that it deposited KRW 2 billion at the K branch of the National Bank, and the Defendant did not have any particular property, and there was no intention or ability to pay the price even if he received the imported beef and pigs from the victim in mass supply without any specific plan to distribute the imported beef and pigs.

As such, the Defendant, by deceiving the victim, entered into a contract for the sale of imported livestock products with the victim to receive 2 billion won from the victim’s place of business to receive 2 billion won or more, and ordered the victim to deliver 48 tons of U.S. dollars (30 tons of wood batteries, 18 tons of fireworks) at the market price on July 22, 201. However, the Defendant ordered the victim to deliver 318 billion U.S. dollars at the market price on July 22, 2011. However, it was proved to have been forged as a result of checking the payment guarantee letter issued by the Defendant in the name of the national bank K branch of the bank issued by the Defendant to the national bank, thereby failing to supply

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