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(영문) 서울서부지방법원 2013.11.27 2013고단923
사기
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. If the defendant does not pay the above fine, 50.1 day.

Reasons

Punishment of the crime

[Criminal Justice] On November 30, 2012, the Defendant was sentenced to a suspended sentence of two years on October 10, 201 in the Sungnam Branch of Suwon District Court for criminal fraud, etc., and the said judgment became final and conclusive on December 8, 2012 and is currently in the grace period.

【Criminal Facts】

1. The Defendant, through C, attempted to acquire money by deception under the pretext of a fee, etc. to issue a bank’s payment guarantee letter in the form of the fact that “the victim D becomes aware of the necessity of funds to perform the development works for the Eths in the front cities of the North Korea.”

Around December 2008, the Defendant made a false statement to the effect that “Around December 2008, the Defendant would issue a guarantee certificate of KRW 1.5 billion for the issuance of a 10% of the charge to the national bank Jin-gu Office in Jung-gu, Seoul.”

However, the fact did not have the intention or ability to issue a normal payment guarantee certificate from the above bank.

The Defendant received KRW 11 million from the victim through H’s account around December 18, 2008.

Accordingly, the defendant was given property by deceiving the victim.

2. On January 2009, the Defendant made a false statement to the effect that “The Defendant would allow the victim I to issue a certificate of payment guarantee of KRW 5 billion with its own land located in Pocheoncheon-do as security, on the face of the contract deposit, on the ground that it would be difficult to identify the trade name of the wife near the Dongdaemun-gu Seoul Metropolitan Government Pool-dong Posing Station.”

However, there was no intention or ability to allow our bank to issue the guarantee certificate for payment of its real estate as security.

Around February 5, 2009, the Defendant received three cashier’s checks from the victim, and around February 26, 2009, KRW 10 million from the Defendant’s bank account, KRW 5 million from J’s agricultural bank account, KRW 5 million from March 12, 2009, and KRW 2 million from April 3, 2009, respectively.

3. The Defendant entered the foregoing paragraph (2) around May 17, 2009.

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