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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On November 21, 2008, the Defendant was sentenced to 8 months of imprisonment for fraud at the Seoul Western District Court and 20 years of suspended execution, and the judgment became final and conclusive on the 29th day of the same month. On September 30, 2010, the Seoul Central District Court sentenced one year of imprisonment for fraud at the Seoul Central District Court, which became final and conclusive on October 8 of the same year, the person who served as the chief auditor of the headquarters of the C Bank, and D has the position as the vice-chairperson of the E Company.
D) The defendant demanded that he be able to repay the debt from his creditors due to the occurrence of personal debt, and according to his instructions, and the defendant conspireds to commit the following crimes after consenting to this.
1. D, at the F hotel coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, on August 2008, concluded that “If D leases KRW 600,000,000,000,000,000,000 won, it would be paid to the victim G and the victim H as collateral, if it would be in progress of the I redevelopment project, and would be issued with a payment guarantee certificate within one month, and if it would be issued with a payment guarantee certificate within 3% of the amount issued, it would give a discount to the bond market.”
Since then, around August 26, 2008, the victims found D at the beerhouse of "K," the head office of the Seoul Jung-gu Seoul Jung-gu C Bank, the head office of the C Bank, and found D to be a neighboring C Bank, where the Defendant worked to verify D’s above horses, and offered from the Defendant a letter that “the head office of the C Bank is the head office of the Korea C Bank.”
However, there was no fact that D applied for a loan of KRW 20 billion to the C Bank, and there was no fact that D intended to issue a payment guarantee certificate from the C Bank, so even if it received money from the victims as a fee, D did not have an intention or ability to reduce KRW 20 billion after discounting the payment guarantee certificate.
The defendant and D, as above, deceives victims, and D around the 26th day of the same month from the victim H.