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(영문) 대구지방법원 2012.05.09 2011고단4815

사기

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

B On August 7, 2008, the District Court sentenced 1 year of suspended sentence to 2 years of imprisonment due to a violation of the Illegal Check Control Act, etc., and the judgment became final and conclusive on the 15th of the same month.

1. On January 07, 2005, Defendant A presented the name of “H University professor I” to the victim G within 413 U.S., Daegu Northern Building No. 413, 2005, the Defendant was a member of the Daegu City Environmental Assessment Committee, and was highly designated in the environmental field in Korea, and the Defendant’s work was to normalize a small and medium enterprise located in a location where it is difficult to operate funds, such as “J of the Co., Ltd. (hereinafter “J”) even though it has technical capabilities,” and said, “if the Defendant borrowed KRW 300 million from the cost of selling a factory site, he/she acquired the ownership transfer of the factory complex and paid KRW 300 million from the Korea Technology Finance Corporation with the loan guarantee amount of KRW 500 million from the Korea Technology Finance Corporation to February 07, 2005, and to contract construction of the Ansan Factory Corporation.”

However, even if the Defendant borrowed KRW 300 million from the victim, the Defendant was unable to obtain the transfer or loan of the ownership of the factory complex within the date of promise because most of the money was used for any purpose other than the sale price of the factory site, and there was no specific property. Therefore, the Defendant did not have the intent or ability to pay the victim KRW 300 million until February 7, 2005.

The Defendant received from the victim the amount of KRW 300,000 from the victim, namely, the money borrowed from the seat.

2. Defendant B, while the above G lending KRW 300 million from A, was aware that it was normally received the check number K and the J representative director B from the security name as the security name. On September 8, 2005, the said G was supplemented to supplement the fact that the said G would have been gold-o million Won at the same village of the Daegu Bank, Daegu Bank, the same day as the payment defect and the disposition of suspension of transaction was exempted. The said check was issued: daily million won, and the date of payment: < Amended by Presidential Decree No. 19057, Sep. 8, 2005>