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(영문) 서울서부지방법원 2019.01.18 2018고합341
특정경제범죄가중처벌등에관한법률위반(사기)
Text

[Defendant A] The defendant A shall be punished by imprisonment for three years.

[Defendant B] Defendant B shall be punished by imprisonment with prison labor for one year and six months.

Reasons

Punishment of the crime

C Co., Ltd. (hereinafter referred to as “C”) is a company that is unable to issue a payment guarantee certificate because it fails to obtain an insurance business license under the Insurance Business Act. Defendant B is the representative of C.

Defendant

A listen to the statement on January 15, 2018 that the victim F wishing to be an investment source of KRW 20 billion from D and E, and made Class 9 documents (a copy of identification card, copy of passbook, certificate of national tax full payment, etc.) and cost of raising funds to prepare KRW 1 billion, and through G, H, introduced as a major shareholder of C through G, a person introduced as a person who can provide real estate of KRW 170 billion to C as security and issue a payment guarantee certificate, requesting H to issue a payment guarantee certificate of KRW 1 billion on the condition of 3% fee, and H requests H to issue a payment guarantee certificate of KRW 3% on the condition of service fee to Defendant B, a representative of C, and the Defendant agreed to issue a payment guarantee certificate, and the Defendants conspired to obtain money by obtaining a payment guarantee certificate in the name of C against the victim in need of business funds.

Defendant

A around January 16, 2016, at the coffee shop in Gangnam-gu Seoul Gangnam-gu Seoul Gangnam-gu, provided the victim with real estate of KRW 170 billion as security, “A shall provide the victim with real estate of KRW 10 billion in inside C. When depositing KRW 1 billion in C, the victim was informed to C office located in Gangnam-gu Seoul, Seoul, of the victim’s transfer of KRW 20 billion to C office after this frame, and Defendant B, an employee M, by inducing the victim to issue a payment guarantee certificate of KRW 1 billion to the victim at the above office, and was issued a check of KRW 1 billion by the victim.

However, even if the defendant A received KRW 1 billion from the victim, he did not have the intent or ability to prepare the business fund of KRW 20 billion, and the defendant B could not issue a letter of payment guarantee in the name of C.

As a result, the defendants deceiving the victim to make property.

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