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(영문) 서울남부지방법원 2014.01.23 2013고단4238

사기

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

[Criminal Power] On September 14, 2012, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Seoul Southern District Court on September 22, 2012, and the said judgment became final and conclusive on September 22, 2012.

【Criminal Facts】

The Defendant was the representative director of the “(State)C”, a book publishing company, and the victim D is the operator of the “E” as a book publishing company, which was entrusted with the books published by the (State)C.

On November 10, 2010, the Defendant called, “Around November 10, 2010, the Defendant called, “Around November 10, 2010, the Defendant, who is the husband of the victim D, calls the F, and calls for an endorsement to use the bill at a discount in order to make it difficult for the Defendant to use the bill at a more time, so that there is no damage due to the settlement of the bill at the time of the due date.”

However, in fact, since the year 2009, C was unable to pay wages to employees in the state of proper operation, and around 1.5 billion won due to accumulated deficit as above, it continued to increase its liabilities, such as lending of a bill of exchange equivalent to 300 million won from Customer H on March 2010 and paying off the bill. Since the financial ability to prevent the payment of the bill returned from the end of November 201, it was de facto imminent, even if the bill was endorsed by endorsement from the victim, there was no intent or ability to pay the bill normally on the agreed date of payment.

Nevertheless, the Defendant, as above, sent G, who is a director of the CC on November 10, 201, after obtaining the consent of the victim to endorsement of the bill, to the “E” office at the Namyang-si, Nam-si, and received an endorsement of “E” on the back of Chapter 1 of the Promissory Notes, stating “E” as “The face value 30 million won, the Promissory Notes J, the due date for payment, and March 27, 201,” which was issued by the Defendant, and then delivered it to the creditor H as a repayment of the obligation, but ( Note)C as of November 30, 2010, and the victim is ultimately treated as a default and the victim is on behalf of the Defendant.