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(영문) 인천지방법원 부천지원 2015.08.28 2015고정270
사기미수등
Text

Defendants shall be punished by a fine of KRW 5,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The Defendants concluded a contract to acquire the management rights with the shares of E Co., Ltd. (hereinafter referred to as “E”) from victims D, and conspired to acquire the shares of E by delivering the payment guarantee letter issued by the F branch of our bank that is forged for the payment of the contract performance guarantee to the victims.

1. On October 201, the Defendants: (a) issued 1.5 million won to G on the first place of the first place of the police in order to create a payment guarantee certificate for the issuance of commercial banks; and (b) requested the Defendants to prepare and deliver the payment guarantee certificate for the issuance of commercial banks.

However, in order to obtain a payment guarantee letter issued by a commercial bank, there is a security such as real estate equivalent to the amount guaranteed, or there is cash and credit equivalent to the amount guaranteed, and the defendants have been aware that G could not obtain a payment guarantee certificate issued by the commercial bank normally because it operated business for not less than 30 years.

On the 13th of the same month, the Defendants issued a payment guarantee letter issued by G to issue the F branch of Korea Bank F branch (the amount of guarantee: 4 billion won, debtor A, date of guarantee: April 12, 2012) from G’s car parked on the road front of the office of the 625th of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu Office, Seoul. The payment guarantee letter was forged after G arbitrarily prepared and printed out by using a warranty protocol from the French on October 13, 2011 to April 12, 2012.

Around October 13, 2011, the Defendants knew that the above payment guarantee letter issued from G was forged, but the Defendants issued the forged payment guarantee letter to the victim, who was unaware of such fact, at the K Hotel Pream cafeteria located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and exercised it as if it was duly formed.

As a result, the Defendants conspired to cause G to forgee a letter of payment guarantee for the issuance of the F branch of our bank, and received and exercised it.

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