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(영문) 대전지방법원 2014.02.21 2013고단3816

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around December 15, 2011, the Defendant made a false statement to the effect that “Around December 15, 2011, the Defendant would pay a check to the victim of the Daejeon Jung-gu, Daejeon at the “E” office operated by the victim D, which was aware of influently, at the time of “E” office, “I would immediately discount one sheet of KRW 5 million, which is necessary to pay the check.”

In fact, the Defendant, at the time, did not have the intent or ability to pay the check money to the victim within the due date due to a very lack of living expenses and a considerable amount of debt, in order to prevent the additional failure due to the failure of the F to pay the checks on or around March 201, in order to prevent the additional failure.

As such, the Defendant, by deceiving the victim, provided the victim as a security by issuing one copy of the household check of KRW 5 million at par value, offered 4.5 million from the victim as a cash discount, and provided 6 copies of the household check of KRW 5 million at face value to the victim as a security from January 30, 2012 in the same manner as in the attached list of crimes in the same manner from that time to January 30, 2012, and acquired it by taking it as a discount of KRW 27.3 million from the victim on six occasions.

2. On March 15, 2012, the Defendant stated that “The family check issued to the Defendant on December 15, 2011 is due and unpaid to the Defendant on December 15, 201. The same shall apply to the Defendant’s deposit in lieu of KRW 5 million.”

In fact, the Defendant anticipated that the victim would not be able to pay the check money even if he paid the check money instead of the check money due to extreme economic difficulties as above, and there was no intent or ability of the victim to pay the check money instead of the check money.

On March 16, 2012, the Defendant, by deceiving the victim and deceiving the victim, is five million won with the Agricultural Cooperative Account (K) in the name of J on March 16, 201.