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(영문) 수원지방법원 2013.07.17 2012고단2895 (1)
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

【Criminal Power】 On March 23, 2012, Defendant A was sentenced to two years and six months in Seoul High Court to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and the judgment became final and conclusive on March 27, 2012.

【Criminal Facts】

1. Around July 20, 2010, Defendant A’s sole criminal defendant stated that Defendant A’s office located in Gangnam-gu Seoul Metropolitan Government, “A victim F may issue a payment guarantee certificate that can release sirens without a guarantor or a surety at the agricultural cooperative or the Bank, and the fee would vary.”

However, even if the defendant receives money from the victim, he did not have any intention or ability to arrange for the issuance of a bank guarantee certificate.

On July 20, 2010, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the account of a company bank (Account Number:H) in G on July 20, 2010, and acquired it by deceiving the victim.

2. On October 7, 2010, the Defendants’ co-principals issued a payment guarantee certificate in one billion won for the issuance of a bank movement point to the victim, which means that “the above victim shall be issued a payment guarantee in the event located in the Seocho-gu Seoul Metropolitan Government Seocho-gu Office.”

However, the above payment guarantee was forged, and the Defendants did not have any intent or ability to arrange the victim to obtain the payment guarantee certificate.

The Defendants conspired to induce the victim as such, and the Defendants received 20 million won as a self-check from the victim on the same page, thereby deceiving the victim.

Summary of Evidence

1. Defendants’ partial statement

1. Partial statement of the witness A (as to the defendant B)

1. Partial statement of the witness B (as to the defendant A)

1. Some of the statements made by the prosecution against the Defendants in the suspect interrogation protocol

1. F. The part concerning F. F. F. F. statement of each police statement, and F. F. statement of the police interrogation record against B.

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