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(영문) 대전지방법원 2018.04.19 2016고단2743
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Fraud;

A. A. Around September 2010, the Defendant made a false statement with the victim E “D multilateral bank” located in Dongjak-gu Seoul Metropolitan Government, stating that “The victim E is entitled to the payment guarantee issued by the bank as the test fee.”

However, in fact, the Defendant was aware of the fact that the letter of payment guarantee to the Defendant was a forged payment guarantee that was not approved by the bank through F and G where the Defendant was committed. Therefore, even if the said money was paid from the injured party, there was no intention or ability to issue a normal payment guarantee to the victim.

On November 18, 2010, the Defendant: (a) by deceiving the victim; and (b) around November 24, 2010, issued KRW 2 million in cash to the National Bank in front of the National Bank in Dongjak-gu Seoul Metropolitan Government, Seoul; and (c) around November 24, 2010 from the above National Bank.

B. Around December 13, 2010, the Defendant made a false statement to the Victim H that “The Defendant would pay money under the pretext of a license fee to issue a payment guarantee issued by a bank.”

However, in fact, the Defendant was aware of the fact that the letter of payment guarantee to the Defendant was a forged payment guarantee that was not approved by the bank through F and G where the Defendant was committed. Therefore, even if the said money was paid from the injured party, there was no intention or ability to issue a normal payment guarantee to the victim.

Around December 13, 2010, the Defendant, by deceiving the victim, received KRW 5 million from the victim, via the Defendant’s I’s account in his/her name.

(c)

On November 30, 2010, the Defendant made a false statement to the victim J through E from “D coffee shop” located in Dongjak-gu Seoul Metropolitan Government, stating that “The Defendant would pay money under the pretext of the advisory fee to issue the payment guarantee issued by a bank.”

However, in fact, the defendant is a forged payment guarantee that the payment guarantee letter to the defendant is not approved by the bank through F and G where the defendant is a branch.

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