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(영문) 서울북부지방법원 2014.06.27 2013고단2790
사기등
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant, while operating the (ju)E, performed the issuing of the credit by proxy through the F Company G, G requested H Co., Ltd. (Representative I) to issue the credit, and H Co., Ltd. has opened L/C (the credit; hereinafter “credit”) to one bank.

On August 16, 2012, the Defendant issued a letter of credit to J as an agent for the issuance of the letter of credit and received the commission for the issuance of the letter of credit, but failed to issue the letter of credit within the prescribed period, the Defendant received from G of the F Company a written application for non-re-issuance of the letter of credit (application for issuance already issued as of August 13, 2012) with “L/C No” as a blank, and voluntarily stated “L/C No” as “L/C No”, and had expressed the application for the issuance of the certificate of non-re-issuance of the letter of credit to J.

At the end of August 2012, the Defendant arbitrarily stated “L/C No” in the “L/C No” column for a written application for the issuance of an irrevocable Credit with a seest pension from a company located in K in Gwangjin-gu Seoul Special Metropolitan City.

For this purpose, the Defendant modified one copy of the application for the issuance of an unrefilled letter of credit in the name of the representative director of H Co., Ltd.

2. On August 31, 2012, the Defendant sent and exercised an application for the issuance of an irrevocable letter of credit with his company located in K in Gwangjin-gu Seoul Special Metropolitan City, as if it were duly formed through M and N, to J, who is aware of the modification.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of G, J, N, and M;

1. Application of Acts and subordinate statutes to the application for the issuance of an irrevocable letter of credit;

1. Articles 231, 234, and 231 of the Criminal Act applicable to the facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The facts charged.

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