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(영문) 서울서부지방법원 2019.05.15 2018고합341 (1)
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

B Co., Ltd. (hereinafter referred to as “B”) 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, and C is the representative of B.

D listen to the statement that there is a victim G who wants to be a business financing investment source of KRW 20 billion from E and F on January 15, 2018, 1.0 billion, 9 kinds of documents (identification cards, copies of passbooks, certificates of national tax full payment, etc.) and the cost of raising funds have been prepared, and H via H, requested a payment guarantee certificate of KRW 1 billion to the defendant who was introduced as a major shareholder B, who is able to issue a payment guarantee certificate by providing real estate of KRW 170 billion as security, which is KRW 3% of the fee.

Accordingly, the defendant asked C, the representative of B, to issue the I's payment guarantee form, and C consented to the issuance of the above payment guarantee form.

As such, the defendant and D conspired to issue a payment guarantee certificate in B's name against the victim who needs business funds, and to receive money and to acquire it by fraud.

D around January 16, 2018, at the coffee shop in Gangnam-gu Seoul Gangnam-gu Seoul J Center, the victim G provided real estate of KRW 170 billion to B as security. When depositing KRW 1 billion in B, the victim was directed to B office located in the Seoul Gangnam-gu Seoul Gangnam-gu Seoul, and the victim was urged to obtain loans of KRW 20 billion from B after this framework. Upon the Defendant’s request, the above C, upon the Defendant’s request, had his employee M deception issued a letter of payment guarantee of KRW 1 billion to the victim at the above office, and was issued KRW 1 billion by the victim’s check.

However, even if the victim received KRW 1 billion from the victim, D did not have the intention or ability to prepare business funds of KRW 20 billion, and the defendant provided real estate as security in lieu of the payment guarantee of KRW 1 billion.

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