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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Around November 10, 2008, the Defendant, at C stores located in Gangnam-gu Seoul Metropolitan Government, issued a bank guarantee form as security to the victim D’s work in E. The Defendant may obtain a bank guarantee form as security. A two copies of a bank guarantee form of KRW 40 million per week per week, per week, at the issuance fee. The Defendant made a false statement.
However, the defendant did not have the intention or ability to obtain a bank guarantee certificate from the victim.
The Defendant, by deceiving the victim as above, received KRW 40 million from the victim to the bank account in the name of Defendant F under the name of Defendant H, under the pretext of issuing a bank guarantee fee.
2. Around December 5, 2008, the Defendant already used the above victim D to obtain a bank guarantee. However, if the Defendant wishes to obtain a bank guarantee, an additional KRW 200 million is needed. On the other hand, the Plaintiff’s union members of an international attorney’s union may borrow KRW 200 million from those in a foreign country to use the bank guarantee certificate as a fee for issuing a bank guarantee. The Defendant’s money in a foreign country is in need of KRW 25 million as a fee to enter a foreign country within a rapid period of three (3) days and at least one (1) week at the latest. The Defendant made a false statement to the effect that “A bank guarantee will be issued in the face of the above fee of KRW 25 million.”
However, in fact, the Defendant did not use 40 million won as stated in the above paragraph (1) for obtaining bank guarantee from the victim, but was given to G such as repayment of another person's debt or an international lawyer's wife, and there was no guarantee that the Defendant entered the said foreign money after the lapse of the time limit that the said G was said to have entered 10 billion won in a foreign country.
As above, the Defendant deceivings the victim, and thereby, issued a bank guarantee fee on December 5, 2008 from the victim.