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(영문) 창원지방법원 통영지원 2019.01.25 2017고단1597
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal power] On May 26, 2017, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court on June 3, 2017, and the sentence became final and conclusive on June 3, 2017, and is now running six times of the same kind of power as well as the execution of the sentence in the Tong Young Detention House.

【Criminal Facts】

1. Around 14:00 on October 2, 2015, the Defendant: (a) filed a credit (SBLC) letter of credit (SBC) equivalent to KRW 100 million (SBLC) in the 11st floor of the Gangnam-gu Seoul building, with the victim B, seeking to make an investment in the terminal business through the credit (SBLC). The Defendant issued a credit (SBC) equivalent to KRW 100 million (SBLC) from the credit (SBC) of the amount of KRW 90 million (SBLC) already issued to the Republic of Korea, and then commercialized the credit (SBL) equivalent to KRW 100 million from the credit (SBC) of the amount of KRW 120 billion (SBLC) to the Republic of Korea within five weeks; and (b) made an investment of KRW 500 billion from the date of the issuance of the credit (SBLC).

However, the defendant did not issue a letter of credit (SBLC) equivalent to KRW 900 million by oral consultation, and there was no way to cashe the letter of credit (SBLC) through E Bank.

Furthermore, the Defendant, as a bad credit holder at that time, did not have certain income or particular assets, and the money received from the victim was thought to be used for personal repayment of obligations, so even if he received money from the victim as a fee for issuing credit (SBLC), the Defendant did not have any intent or ability to prepare the investment money.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received 200 million won from the victim as a fee for issuance of the Credit (SBLC) on October 16, 2015, and acquired it by defrauding it, and from that time until June 3, 2016, as shown in the attached crime list, 326,200 in total from the victim over 12 times from that time.

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