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(영문) 서울서부지방법원 2012.08.07 2012고정765

사기

Text

1. The defendant shall be punished by a fine of three million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On May 19, 2005, the Defendant, in collusion with B on May 19, 2005, showed one promissory note in which the issuer (ju), E, and bill number is F, September 2, 2005, the face value of which is 23,650,000 won at the face value of F, Payment Date, and B, and the Defendant stated that “the above promissory note shall be paid without a reasonable basis on the payment date, but at a discounted rate,” and the Defendant stated that “I am me not be able to know about what will definitely fall on the payment date.”

However, the Defendant was well aware of the fact that the foregoing bill was issued without a transaction with a financial institution, and thus, it would not be paid at the due date.

Nevertheless, the Defendant, in collusion with B, by deceiving the victim as above, obtained cash 21 million won from the victim as a discount on the face of the bill from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C;

1. Application of statutes on copies of promissory notes;

1. Relevant laws and Articles 347 (1) and 30 of the Criminal Act concerning facts constituting an offense;

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

1. The sentencing reasons of Article 334(1) of the Criminal Act of the provisional payment order shall be determined as ordered in consideration of the role of the defendant in the instant crime, the fact that the defendant agreed with the victim.