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(영문) 광주지방법원 2018.02.08 2017고단380

사기

Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Criminal facts

On December 30, 2014, the Defendant was sentenced to a two-year suspended sentence of imprisonment for breach of trust at the Gwangju District Court, which became final and conclusive on January 7, 2015.

The defendant, as the representative director of the F Bank of Korea, did not have an intention or ability to make a normal settlement even if a promissory note is issued in the name of the company, because the financial difficulties deepen due to the increase in the ratio of the product quality, and the employees' wages and retirement allowances are not paid properly.

On January 4, 2013, the Defendant, at the Feminal office of the Feminale-gu, Gwangju Mine-gu, stated that “The Defendant would pay a promissory note in the name of the Feminal director of the Dispute Resolution Co., Ltd., which shall be issued to the Dispute Resolution Co., Ltd. E, which shall be discounted in cash and shall not cause damage to the Dispute Resolution Co., Ltd., by settling the promissory note with cash discount until the date of the payment

(6) The defendant shall deception H and shall have one promissory note, the face value of which is KRW 130,00,00, KRW 130,000, and KRW 70,000 on May 15, 2013, one promissory note, the face value of which is KRW 70,00,000, and KRW 30,000 on May 5, 2013; ② the face value of which is KRW 30,00,000, KRW 30,000 on January 7, 2013; and ④ the total amount of KRW 30,000, KRW 30,000 on June 10, 2013; and ④ the total amount of KRW 30,00,000, KRW 30,000 on June 10, 2013; and ④ the total amount of KRW 30,000,00 on May 25, 2013

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Statement made by the police with H;

1. Copies of promissory notes;

1. Data for transfer;

1. Reporting on investigation (Submission of suspect data and reporting thereon);

1. Previous convictions: Inquiry of criminal history and report of investigation (report of criminal history).