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(영문) 부산지방법원 동부지원 2014.11.13 2014고단838

사기

Text

The defendant shall dismiss the application filed by the applicant for compensation.

Reasons

1. On December 25, 2012, the Defendant: (a) issued three cashier’s checks from C, the victim’s own face value of which is KRW 100 million to F, on the ground that the Defendant, at the office where the number of officetels in Busan is unknown, issued three cashier’s checks from C, stating that “When 300 million won is paid as fees, the Defendant would cause short-term loans of KRW 10 billion to F, without any molding the fact that the Defendant is a person operating a company specializing in the “certificate of balance”, as if the Defendant was a person operating the company with the remaining name of the Defendant at the office where the Defendant is unable to know.”

However, the above office is an office that is not related to the defendant's business, and the company ( stateE) is not run by the defendant as the company that does not exist, and the defendant did not have any experience in the transaction of balance certification, so even if the defendant received 300 million won from C as a fee, he did not have the ability to lend 10 billion won to the victim company.

The Defendant, by deceiving C as such, was issued three copies of the cashier’s checks of KRW 100 million at the face value, which is owned by the victim company C.

2. According to the evidence duly adopted and examined by this court, the (juE) E, which is a company ordering the defendant to issue a statement to C, was a non-existent company, and the office to which the defendant received money divided a statement about the balance certificate with C was a non-related place with the defendant's work, and it is recognized that there was no previous fact that the defendant had concealed a balance certificate transaction.

However, according to the above evidence, C received G, H, and I through a clerk while finding a person to receive a certificate of balance, and the defendant can introduce a person who can be mobilized from the I who was known at the time of work in the real estate office before.