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(영문) 인천지방법원 부천지원 2016.09.22 2016고정885

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 2, 2015, the Defendant had a face value of KRW 31 million at a family office located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and the victim C.

Since it is urgently required to pay money, 4.5 million won is loaned by taking as security the above check, and it will be repaid until August 7, 2015.

If the check is not paid within the due date because there is no problem, it would be better to present the check to the bank.

“.....”

However, there was no conviction that the check may be settled on the payment date, and if the check is not settled, there was no intention or ability to pay the money to the victim within the payment period. The Defendant had no intention or ability to pay the money within the payment period. The Defendant had already expressed that the check was a first defaulted check on July 29, 2015 and that it was not distributed from D that issued the above check to the Defendant at the time.

The defendant deceivings the victim as above and received 4,50,000 won in cash as security from the injured party on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning D's statement concerning the suspect interrogation protocol (List 7) against the defendant

1. A protocol (list 1) concerning suspect interrogation of E;

1. Each police statement protocol (list 5, 14) against D or C;

1. Application of each Act and subordinate statutes of the Investigation Report (List 6,8);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the choice of punishment, and fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;