beta
(영문) 부산지방법원 2012.12.12 2012고단3042

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 11, 2011, the Defendant was sentenced to two years of suspension of the execution of imprisonment with labor for fraud, etc. at the Busan District Court on October 10, 201, and the judgment was finalized on November 19, 201, and operated D Co., Ltd in the Busan East-gu C.

On March 20, 2008, the Defendant purchased land of 8,200 square meters E in sealed cities around March 20, 200 and borrowed KRW 800 million from Jinju Mutual Savings Bank.

As a result, the Defendant had to pay the principal and interest of KRW 10 million to KRW 12 million each month. Since July 2009 to August 8, 2009, the damages of KRW 300 million were incurred while doing construction, which led to the aggravation of financial circumstances, which led to the company to become fit.

Therefore, even if the defendant uses a bill or check discounted from another person, he did not have the intention or ability to settle the bill or check at the date of payment.

Nevertheless, the Defendant:

1. On January 15, 2010, at F of the Busan District of Busan, the Plaintiff made a false statement to the effect that “this bill will be settled without recourse to the payment on the face of the week on which the bill is discounted, and if the settlement is not made, our company will make the settlement.”

However, the defendant did not have the intention or ability to pay the above amount on the date of payment.

As such, the Defendant, by deceiving the victim, received 2,3420,000 won from the Busan Bank passbook (Account Number) in the name of K under the pretext of the discount of bills from the victim.

2. From the above “F” on April 7, 2010 to the victim G, one sheet (number: M, issuer N representative director, and date of issuance on July 8, 2010) of the number of shares per 27.4 million won per face value is presented to the victim G, and “this sheet will be settled without the basis of the date of issuance at the discount of this ticket, and if it is not settled, it will be settled at our company.