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(영문) 서울중앙지방법원 2016.11.25 2016고단711
사기
Text

Defendants shall be punished by imprisonment for four months.

However, with respect to Defendant A, it shall be for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Justice] On June 24, 2010, Defendant A was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court for fraud, and the judgment became final and conclusive on July 2, 2010.

Defendant

B On July 6, 2006, the Seoul Southern District Court sentenced two years and six months to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the Seoul Southern District Court. On July 6, 2006, the parole period was passed on July 30, 2008 during the execution of the sentence in the female prison and passed September 10, 2008.

【Criminal Facts】

The Defendants and E wanted to obtain money by deceiving the victim F (the 40-year-old) who is the offender of Defendant A, by issuing a payment guarantee letter to the victim F (the 40-year-old age), who presented the clothing to the clothing company and sold the clothing after being supplied with it, thereby making it possible to divide profits by selling it.

On June 19, 2009, Defendants and E presented a letter of payment guarantee equivalent to KRW 1 billion to the land located in Seocheon-gu Seoul Metropolitan Government Seocheon-gu, Seoul Metropolitan Government as security, to the victim in the coffee shop, and presented a letter of payment guarantee to the clothes supplied to the clothing company and sold and divide profits therefrom. The Defendants and E presented a letter of payment guarantee issued to the victim in the name of the head of Majinjin-gu branch office G branch office in Gangnam-gu, Seoul Metropolitan Government. The letter of payment guarantee issued to the victim was presented.

However, the above certificate of payment guarantee was forged, and the Defendants and E did not have an intention or ability to issue a payment guarantee certificate equivalent to one billion won to the victim.

The Defendants and E conspired, as above, by deceiving the victim, and then deceiving him from the victim to a new bank account under the name of the Defendant B on the same day; KRW 10 million to the same account around July 21, 2009; and KRW 300,000 to the same account around July 23, 200; and 11,30,000 won to the same account on the same day.

Summary of Evidence

1. Defendants’ respective legal statements

1. A witness;

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