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(영문) 서울중앙지방법원 2012.12.14 2011고합1595
사기등
Text

Defendant

A Imprisonment with prison labor for a period of two and a half years, for a period of one and a half years, for a period of one and a half years, and for a period of eight months, for each of the defendants C.

(b).

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) at the Seoul Central District Court on December 1, 2004. On January 18, 2006, Defendant A was sentenced to six months of imprisonment for fraud at the Seoul Central District Court on February 8, 2008 and completed the execution of each of the above punishment.

Defendant

B On October 30, 2009, the Ulsan District Court sentenced two years of suspension of the execution to one year of imprisonment for fraud, and the judgment was finalized on June 10, 2010. On July 16, 2010, the Seoul Central District Court sentenced one year of suspension of the execution to six months of imprisonment for fraud, and the judgment became final and conclusive on July 24, 2010. On May 10, 2012, the Seoul Central District Court sentenced one year of imprisonment to one year of fraud at the Seoul Central District Court, which was final and conclusive on July 5, 2012 by the Supreme Court. On August 30, 2012, the Seoul Central District Court sentenced eight months of imprisonment for fraud to eight months at the Seoul Central District Court on August 30, 2012, and the judgment became final and conclusive on November 29, 2012.

Defendant

C On December 30, 2008, the Seoul Central District Court sentenced 3 years and six months of imprisonment for fraud, etc. at the Seoul Central District Court, which became final and conclusive on July 9, 2009.

【Criminal Facts】

1. When Defendant A’s criminal act of fraud and intermediary taking place (201Gohap1595) came to know that the victim L, which he became aware through K, requires a payment guarantee certificate issued in the name of a commercial bank to raise funds necessary for the apartment construction project, Defendant A decided to receive money from the victim L under the pretext of issuing a payment guarantee certificate in sequence with M and fake branch (N).

Defendant

A on December 3, 2009, at the “Occa shop” located in the Gangnam-gu Seoul Metropolitan Government (Seoul), it is false to the effect that “The victim L was able to obtain a payment guarantee letter of 3 billion won by requesting to the head of the branch office of the new bank, and the branch head was able to obtain a payment guarantee letter of 3 billion won”, and then the branch head confirmed whether there was a fee to issue a letter of guarantee, thereby requesting the issuance of 30 million won first of all.”

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