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(영문) 서울중앙지방법원 2014.08.26 2013고합1493
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

B, C, and BU shall be punished by imprisonment with prison labor for each of three years, and by imprisonment with prison labor for each of two years.

Defendant

C Victim AF and AE.

Reasons

Punishment of the crime

On December 5, 2012, Defendant BU was sentenced to one year of imprisonment for a crime of fraud at the Seoul Central District Court, and the judgment became final and conclusive on April 26, 2013, and on November 28, 2013, Defendant BU was sentenced to six months of imprisonment for the same crime in the same court, and the judgment became final and conclusive on May 29, 2014.

1. The Defendants’ issuance of a payment guarantee certificate for a co-principal’s payment guarantee in accordance with the loan procedure is determined to determine whether to issue a payment guarantee certificate according to the credit rating after examining documents, such as the applicant’s certificate of personal seal impression, business registration certificate, security-related details, etc. of the applicant for the issuance of the payment guarantee in accordance with the loan procedure, and after confirming the applicant’s ability to redeem the applicant for the issuance of the payment guarantee. The head of an OP

The Defendants do not comply with the prescribed procedure for issuing the above payment guarantee certificate and thereby issued a false payment guarantee certificate and a forged employee identification certificate which cannot obtain the payment guarantee from the O by exceeding the discretionary power of the branch office, and then intended to provide it as security to the victims and borrow money from the victims. Defendant B, who served as the head of a branch office from December 2, 2009 to December 2, 201, granted the victims trust as if the payment guarantee and employee identification certificate issued as above were normally issued by the victims. Defendant BU used money to lend the victims believed that the above payment guarantee and employee identification certificate were ordinarily issued. Defendant C and Defendant W were issued by the false payment guarantee and employee identification certificate and connected with Defendant B, Defendant B, and the victim. Defendant BU used 20% of the amount of the payment guarantee from the borrowed money acquired from the victims as security to December 2, 201. The payment guarantee letter is issued by Defendant C, Defendant C, and Defendant W.

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