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Defendants shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On July 15, 2014, Defendant A was sentenced to 10 years in Seoul High Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the said judgment became final and conclusive on February 14, 2014.
【Criminal Facts】
1. On October 27, 2010, the Defendants stated that “The Defendants would issue a bank’s guarantee certificate with respect to KRW 50 million at the face of the fee for issuance to the victims G operating the (ju) F at a coffee shop where the trade name in Gangnam-gu Seoul is unknown.”
However, the defendant did not have any intention or ability to obtain a payment guarantee certificate even if he received money from the victim as the cost of issuing the payment guarantee certificate.
As above, the Defendants conspired to induce the victim and then received 25 million won from the victim’s bank account under the name of H on the 29th of the same month, and received 25 million won in total from the bank account under the name of Defendant B to the account of 25 million won in the name of NA, respectively.
2. The sole crime committed by Defendant A;
A. On October 2010, Defendant A requested I to prepare a payment guarantee certificate in the name of a national bank at an unspecified place at the end of the end of the month, and the said I, using the computer, entered each of the “F representative G of a stock company,” “J of a national bank three-dimensional branch in the guarantor column,” “H (ju) representative A” in the column for entry, and then printed out the column for entry “the national bank guarantees payment of KRW 500 million from November 1, 2010 to April 30, 201,” and then issued the above K seal to Defendant A who had prepared in advance on the name of the said K.
Accordingly, Defendant A forged the payment guarantee certificate in the name of the National Bank of Korea, a private document related to rights and obligations, in collusion with the above I.
B. Defendant A on October 29, 2010, at the time of the event of the above investigation document, a building L.S. at the time of Seocheon-si around 15:00.