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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant of the 2012 Highest 825 [2012 Highest 825] is punished by a fine in collusion with C (Suspension of Prosecution) and is not paid.
On May 10, 2012, after receiving a proposal from C to the effect that there is a defect in the fraud of the prepaid payment, the defendant agreed to do so, and then the defendant conspired to leave the guarantee as clerk and divide one half of the money immediately after receiving the prepaid payment.
Therefore, on May 11, 2012, the Defendant signed and sealed the Defendant on May 11, 2012, Masan treatment department store located in Changwon-si, the coffee shop, and the victim D who provided multiple employees job offer advertisements at C and living information shop, and the victim “I will pay the pre-paid payment to the news office located in Jinju. If you lend 4 million won as pre-paid payment, you will pay the pre-paid payment.” From among the employment contract and the loan certificate, the Defendant signed and sealed that “I will give a guarantee to the above borrowed money” in the column for liable for the joint and several liability of the borrowed money among the loan certificate and the loan certificate.
However, even if the victim received the advance payment from the victim, C did not have the intention or ability to work as an employee in the above Eda, and the defendant did not have the intention or ability to perform the guaranteed obligation to C.
As above, the Defendant, in collusion with C, by deceiving the victim, received KRW 4 million from the victim to the post office account in the name of C as advance payment.
"2013 Highest 12"
1. Around the beginning of July 2012, the Defendant: (a) received a request from C to deliver a letter of credit guarantee for the prepaid payment to be worked at Hda operated by F of the Victim F in G at the Hda; (b) around July 9, 2012, the Defendant signed and sealed on the column for joint and several surety of the notarial deeds of a monetary loan agreement signed by C, i.e., a joint and several surety of a money loan agreement signed by C, 2.5 million won.
However, in fact C did not have the intention or ability to work as an employee in the above Hda bank even if he received the advance payment from the victim, and the defendant is C.