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(영문) 서울중앙지방법원 2017.11.15 2016고정3838
사기
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director B of a corporation B, the object of which is construction business.

On November 2015, the Defendant, at around 12, the 12th floor of the Seocho-gu Seoul Metropolitan Government C Building, issued a letter of payment guarantee to the Defendant, through a bank, a producer, or a securities company, with respect to the construction cost, etc. of real estate mortgage loan, apartment building construction cost, etc., with respect to the Defendant’s loan of the 12th floor “D”, the victim E, the transaction partner of the Seoul Metropolitan Government, G, and four lots.

It will be issued with a payment guarantee of KRW 20 million on the face of the week for expenses.

“False speech was made to the effect that it was “.”

However, even if the defendant receives money from the injured party, he did not have the intention or ability to receive the payment guarantee.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 2 million around November 27, 2015, KRW 3 million around December 1, 2015, and KRW 10 million around January 5, 2016 to the Defendant’s account in the name of the victim; (c) received KRW 5 million from the victim, such as remittance of KRW 20 million to the Defendant’s account in the name of the victim; and (d) acquired the money from the victim, such as transfer of KRW 5 million to the Defendant’s account, on January 5, 2016, through H, in total, from the victim.

Summary of Evidence

1. Each legal statement of witness E and H;

1. Statement made by the police for E;

1. Certificates of the first and second types of contracts for joint business investment and certificates of deposit transactions;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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