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Reasons
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(영문) 수원지방법원 성남지원 2019.07.12 2018고단2072
사기
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A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2012, the Defendant made a false statement to the victim C’s office located in Yangcheon-gu Seoul, Yangcheon-gu, that “The Defendant issued approximately KRW 60 billion B.G. (B.G.) of KRW 4 billion (Korean in the ASEAN D bank) from the Defendant’s office in Yangcheon-gu, Seoul, the Defendant changed KRW 100 million in terms of its expenses.”

However, the defendant did not have the intent or ability to issue the above bank guarantee to the victim.

Nevertheless, the Defendant, by deceiving the victim as such, received respectively a remittance of KRW 30 million from the F Bank account under the name of E, for the purpose of issuing a written guarantee of bank payment, from the victim, to the F Bank account under the name of E (G), and KRW 10 million on June 1, 2012; and KRW 60 million on June 4, 2012 from the F Bank account under the name of the Defendant (H).

Accordingly, the defendant acquired a total of KRW 100 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including the C's statement);

1. Statement to C by the police;

1. A complaint;

1. Cash storage certificate, copy of account transfer statement, contract, and business registration certificate;

1. Each report on investigation;

1. The application of Acts and subordinate statutes on the financial transaction details reply, written review opinion, organization of major contents of questioning and answers, e-mail contents, response to judicial cooperation, inquiry of matters concerning mutual assistance, reply, reply, and official notification;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 62(1) of the Criminal Act suspended execution (see, e.g., Article 62(1) of the Criminal Act (i., that the defendant deposited KRW 60 million for the recovery of damage)

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