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(영문) 서울중앙지방법원 2020.10.29 2019고단4361
사기
Text

[Defendant A and C] Defendant A shall be punished by imprisonment for six months, and Defendant C shall be punished by imprisonment for four months.

except that this judgment.

Reasons

Punishment of the crime

1. Defendant A and B conspired to acquire money from the victim in terms of the cost of issuing payment guarantee equivalent to KRW 2 billion at a face value to the effect that Defendant B entered into an investment contract for the development project of Daejeon E with the victim D.

Defendant

A around November 13, 2015, around November 13, 2015, it is necessary to KRW 100 million to issue the victim a certificate of payment guarantee for the 2 billion fake to the victim according to the direction of Defendant B in the cross-faculation located in Samsung-dong, Gangnam-gu, Seoul.

“Along with the fact that the Defendants requested the issuance of a payment guarantee certificate, the Defendants did not demand for the payment guarantee certificate to the Defendants, and C knew that a plan to provide real estate as security and to obtain a payment guarantee certificate was to be issued, and thus, it was thought that the Defendants would be used as the living expenses of the Defendants without delivering it to C. The Defendants received money from the victims, namely, the cost of issuing the payment guarantee certificate from the victims. Accordingly, the Defendants conspired with the victims to receive KRW 100 million in return for the cost of issuing the payment guarantee certificate from the victim and received the property. On December 2, 2015, the Defendant was asked of whether it was possible to issue the payment guarantee certificate to the victims from the Defendant during the crime of Defendant C, and around January 8, 2016, the Defendant had been aware of the payment guarantee certificate for KRW 2 billion to the victim through the “2 billion (2 billion)” through the above A, but it became possible to provide the real estate as security at the expense of KRW 5 billion.”

However, the defendant has no authority or ability to dispose of the real estate owned by others, which is provided as security to financial institutions, and even if he/she receives money from the victim without any special property, he/she has issued a letter of payment guarantee equivalent to five billion won.

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