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(영문) 수원지방법원 안양지원 2018.10.23 2015고단603
사기등
Text

Defendant

A shall be punished by a fine of 10,00,000 won, by imprisonment of 10 months with prison labor of Defendant B, and by imprisonment of 5 months.

Reasons

Punishment of the crime

[criminal record] On December 22, 2011, Defendant A was sentenced to six months of imprisonment with prison labor for concealment of criminals at the Incheon District Court, and completed the execution of the sentence on February 6, 2013 at the Net Prison.

Defendant

B On July 16, 2014, the Seoul Eastern District Court was sentenced to the suspension of the execution of the imprisonment of six months for fraud, and the judgment became final and conclusive on July 24, 2014, and on March 10, 2016, the suspension of the execution of the imprisonment of six months for fraud was sentenced to the suspension of the execution on March 18, 2016.

[2] Defendant A and E, who had been aware of the past several years, was sentenced to seven years of imprisonment and was released from prison labor for the purpose of liver cancer treatment, etc. on October 2, 2014 when the execution of the sentence was carried out, and Defendant A and E met the victim H in need of a letter of payment guarantee at a certified judicial scrivener office where Defendant A is working, who was located in the Nowon-gu Seoul Special Metropolitan City, Seocheon-gu on November 21, 2014, and was placed in prison on November 21, 2014.

Defendant

A and E concealed the fact that E is currently in a vertical form, and they stated to the effect that “E will receive a payment guarantee through the I organization’s branch where the down payment, etc. is made,” and Defendant A stated to the effect that “I will receive a payment guarantee by inserting all documents as collateral and receiving a payment guarantee guarantee by inserting the land of E in the next place.”

However, in fact, E was sentenced to 7 years of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes at the time, and was sentenced to 7 years of suspension of execution for the purpose of liver cancer treatment, and did not have property to be offered as a security. Therefore, Defendant A and E did not have any intent or ability to issue a payment guarantee which was promised even

Thus, Defendant A and E received KRW 15 million on the same day under the name of the fee for issuing a letter of guarantee from the injured party.

As a result, Defendant A and E deception by deceiving the victim in collusion.

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