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(영문) 수원지방법원 2014.06.26 2013고단7148

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. Around June 3, 2013, the Defendant made a false statement to the victim D, stating, “The Defendant would pay KRW 47 million to the victim D by issuing a bill discount of KRW 50 million in the face value.”

However, even if a promissory note is delivered by the victim, the Defendant did not have the intent or ability to discount it, and the Defendant was a plan to settle the obligation to receive a promissory note from E in the same business relationship with the victim.

As such, the Defendant, by deceiving the victim, obtained one copy of Promissory Notes with a right of KRW 50 million from the victim (the issuance number of Promissory Notes: F) and acquired it by fraud.

2. The Defendant forged private document: “A supplier (creditor) E, resident number: I, the recipient (debtor) H, and date: June 30, 2012: The Defendant entered “A”, stating “The debtor at the above date is confirmed to have the above amount of debt on the above date: June 30, 2012” at the lower end, stating “The former debtor at the above date,” stating “The latter is confirmed to have the above amount of debt on the above date,” and written the name of “A” column stating that “The former debtor at the above date is confirmed to have the above amount of debt,” and signed the name of the latter and forged a letter of confirmation of the amount of credit in the name of the private document in the name of the rights and obligations, which is a private document, in the name of the latter.

3. The Defendant, at that time, issued a false certificate of credit information amount to the debt collection company, which is a debt collection company, as if he were aware of the forgery and exercised it as if it were a document duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D.