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(영문) 서울북부지방법원 2014.01.27 2013고단1979

사기

Text

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

Reasons

Punishment of the crime

[Attachment] On October 17, 2013, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Northern District Court (Seoul Northern District Court). The judgment became final and conclusive on October 25, 2013.

【Criminal Facts】

1. On November 12, 2010, the Defendant stated that “The Victim E shall have one promissory note with the payment date of FF Co., Ltd. issued on February 10, 201, the face value of which is 30,000 won at a discount of KRW 20,400,000,000,000,000,000 won. This promissory note shall be paid at a discount of KRW 20,400,000,000,000,000,000,000,000,000,000,000,000,000 won.”

However, in fact, the above bill is merely a nominal bill purchased by the defendant in an amount equivalent to 2.3 million won, and its default was expected. At that time, the financial status of the defendant has deteriorated due to the deterioration of the defendant's liabilities up to 100 million won, and there was no intention or ability to pay the amount equivalent to the bill at the due date

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 20,400,000 from the victim under the pretext of the discount of bills on the same day.

2. On December 1, 2010, the Defendant stated that, at the I office of the above victim’s operation located in the Jung-gu Seoul Metropolitan Government H, the Defendant stated that “A promissory note with the payment date of K issuance of J representative K at the processing cost, at the face value of 2,4720,000 won at a discount of 15,30,000 won, the Defendant would make a settlement without the molding date at the face of the week. It would also provide G factory lease contract, etc. as security.”

However, the fact is that the above bill is expected to be purchased by the defendant at 1.6 million won and the defendant did not have the intent or ability to pay the equivalent amount of the bill as provided in the preceding paragraph.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 15.3 million from the victim under the pretext of the discount of bills on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness E, L.