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(영문) 창원지방법원 통영지원 2014.07.03 2013고단1033

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 11, 2009, the Defendant made a false statement to the victim that “I will be responsible for an exchange in cash because I would not have any problem. I would like to exchange in cash. I would like to say that I would be responsible for the occurrence of the problem.”

However, in fact, the Defendant was liable to pay 2 billion won or more with the money invested in the aquaculture at the time, and all the Defendant and his spouse F were only E fishery business in the state of proper operation, and there was no particular income, and thus there was no intention or ability to pay the money even if he receives a discount from the victim.

The Defendant, by deceiving the victim as above, received 27,30,000 won from the victim on March 11, 2009, under the pretext of the discount of the check.

In addition, from that time to December 10, 2009, the Defendant received total of KRW 101,100,000 as a check discount amount three times in total as shown in the following crime list.

The issuer who received a discount of the cash check number on March 11, 2009, even though the victim was not able to settle the cash check number without the trade name of the victim D management at macro-si on March 11, 2009, when committing the crime day and method of committing the crime at the scene of crime: the F Check number: G issue date: KRW 27,300,000 won on February 14, 201: KRW 30 million: F Check number on October 28, 2009: H issue date: KRW 46,40,000 won on February 14, 2010: KRW 36,400,000 won on December 10, 200; KRW 36,000,000 on KRW 36,00,000 on KRW 36,000 on December 14, 209: The issuer number on December 10, 2009.

1. Partial statement of the defendant;

1. Police suspect interrogation protocol against J;

1. Statement made to D by the police;

1. Investigation report (the particulars established on the same day at the 15 location of the real estate for which the complainant has been established), K with the person having the right to create a collateral for the investigation report.