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(영문) 의정부지방법원 2016.11.10 2016고정1291

사기등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 27, 2014, the Defendant succeeded to the loan UN 202,200,000 UN with respect to E gas stations located in Ma from the victim C, and entered into a real estate sales contract with the intermediate payment of KRW 20,000,000, the intermediate payment of KRW 170,000,000, and the remainder of KRW 70,000,000,000, while the victim paid to the victim by November 27, 2014 according to the above contract, the Defendant was willing to acquire the certificate of personal seal for sale by deceiving the victim.

1. On February 17, 2015, the Defendant issued a check to the said G at the victim G’s father, who is the father of the victim in Seodaemun-gu Seoul, Seoul, to the said G at the face value of KRW 20 million.

However, in fact, the Defendant reported the loss of a false check on the said check and had the victim not been paid KRW 20 million.

Nevertheless, the defendant received from the father of the victim a certificate of personal seal impression for sale in the victim's name.

2. On February 23, 2015, the Defendant filed a false report with a financial institution by reporting the loss of the check to a member in charge of false statement in the name-based financial institution, on February 23, 2015, at the number of a check number “H”, “amount of 20,000,000 won”, “date of issuance”, “2, 16, 2015”, “the payer and the place of payment”, in which the check was sent to G, but the check was sent to “the several government branches”, “the several government branches”, “the payer and the place of payment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of suspect examination of the police officer regarding I;

1. Statement to J police officers;

1. C Complaint;

1. Application of Acts and subordinate statutes on accident report, deposit certificate, and nullification judgment;

1. Article 347(1) of the Criminal Act and Article 347(1) of the Illegal Check Control Act for the crime;