beta
(영문) 서울중앙지방법원 2013.04.09 2012고단6333

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 14, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Illegal Check Control Act at the Seoul Central District Court on November 14, 201, and the said judgment became final and conclusive on March 22, 2013.

1. The criminal defendant against the victim C is a person who engages in food wholesale and retail business under the trade name of “D”.

From March 2009, the Defendant issued a bill in the name of D to prevent the default on the check amounting to KRW 500 million, and received a discount, and temporarily prevented the default on the check from paying the discounted amount, and continued to increase the debt by issuing a new bill and receiving a discount in order to prevent the default on the discounted bill. The Defendant did not have the ability to pay the purchase price even if the Defendant was to be supplied with the goods from the F operated by the victim, due to the increase of the enemy due to the housing mortgage interest, E’s interest on the debt borrowed, credit card loan interest, the principal and interest, etc.

Nevertheless, the Defendant acquired goods worth KRW 22,657,50,00 from March 201 to February 15, 201, as well as the supply of goods worth KRW 397,939,310 from around that time to around February 15, 2012, but did not repay the price of the goods to KRW 243,285,200.

2. Around January 5, 2012, the Defendant said that “Around January 5, 2012, the Defendant borrowed KRW 30 million to the victim the bill endorsed by H as security.”

However, in fact, the Defendant did not request H to make an endorsement, and he had forged the endorsement in the name of H and then delivered the bill to the victim.

The defendant obtained 29 million won from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and G;

1. Previous records: Investigation report (Attachment of separate judgments) and application of Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The crimes in the latter part of Articles 37 and 39(1) of the Criminal Act and the violation of the Illegal Check Control Act for which judgment has become final and conclusive.