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(영문) 부산지방법원 2013.03.21 2013고단24

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the actual operator of (State)D registered as the representative director under the name of the O.

On June 29, 2010, the Defendant, at the foregoing D office located in Yangsan-si, issued one copy of the electronic bill issued to the victim N, who is D employee, “I (State),” “I (State),” “Date of issuance,” “I (State),” “I (State) D,” and “R” (victim’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s address).

However, around April 27, 2010, the Defendant offered part of the machinery installed in the said D’s workplace as a collateral for transfer when borrowing KRW 200,000,000 from H as a collateral for transfer. When the Defendant used a promissory note amounting to approximately KRW 49,00,000 from the said I as it was impossible to pay the amount of the said promissory note after making use of a loan of approximately KRW 49,000,000 from the said I, the Defendant decided to lend a promissory note amounting to KRW 300,000,000 as well as the unpaid promissory note amount to KRW 300,00,00,00 as a collateral, along with the unpaid promissory note amount to the J’s representative around July 30, 2010, the Defendant offered the said H as a collateral for transfer, and concluded a contract for transfer and acquisition, and received the said promissory note from the said I and did not have the ability to pay the said amount to the victim even if there were no intent or circumstances.

As above, the Defendant, by deceiving the victim as above, received KRW 42,850,00 on June 30, 2010 from the victim under the pretext of a bill discount and received KRW 42,850,00 from the victim, and also, from around that time to November 1, 2010, a promissory note from the said N and the victim in the above manner as shown in the attached list of crimes.