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(영문) 수원지방법원 안양지원 2013.11.29 2013고합28
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant around July 2009 knew that the victim I, the representative director of H, Co., Ltd., intends to raise a large amount of money in order to avoid the financial difficulties of the above company at the G hotel coffee shop located in Yong-gu Seoul, Seoul, with the knowledge that there is no knowledge of English and finance, and "Na is a person engaged in the business of attracting foreign capital."

The letter of guarantee issued by the HSBC Bank, which is able to attract foreign capital equivalent to US$ 55,000 (Korean US$ 55,000,000), is a document stating that the bank will become a guarantor for the obligations of the payee in the trade transaction and fulfill its responsibilities and obligations as a guarantor in the transaction. Unlike the bill of exchange, the function substantially identical to L/C, which is substantially identical to L/C, by failing to demand the actual object, in the trade transaction.

(b) to induce foreign capital under its issuance;

The phrase “the phrase was false.”

However, the defendant had no experience in attracting foreign capital, and the letter of guarantee issued by the defendant to the victim was forged, and the defendant was thought to have used the personal debt repayment when receiving the cost of issuance from the victim.

As above, the Defendant received 20 million won in total, around October 21, 2009, and 200 million won in around November 3, 2009, from the Defendant’s Dong J or his spouse K account under the name of the Defendant’s spouse, under the pretext of issuing a letter of guarantee for the issuance of HSBC bank.

Until March 3, 2010, the Defendant received a total of KRW 600,000,000 by the same method seven times, such as the list of crimes, from March 3, 2010.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of a witness, L and I;

1. Each statement made by a witness M and N in the third protocol of the trial and the sixth protocol of the trial;

1. In the fourth protocol of the trial, each part of the witness J and the O of the witness in the fifth protocol of the trial;

1. The defendant;

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