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(영문) 서울중앙지방법원 2016.08.25 2015고단3398

사기

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged in the instant case is the person who actually operates D with friendship C as the representative director.

around October 15, 2012, the Defendant made a false endorsement under the name of C representative director of D Co., Ltd. on the following purport: (a) one promissory note (F, issuer G representative director H, par value 61 million won, issue date October 15, 2012, January 15, 2013, and the payment date) from the victim E at the coffee shop near the Newcheon Station in Songpa-gu Seoul, Songpa-gu, Seoul; (b) and (c) the Defendant was at a discount on the victim’s payment, and (d) the victim “the bill deposited from D Co., Ltd., within the internal and internal management as the price for the goods from the customer on the payment date.”

However, in fact, the above Promissory Notes was acquired by the Defendant in an individual way without a normal transaction regardless of D, and it was entirely unaware of the issuer’s credit or settlement ability, and the existence or absence of actual payment of the above Promissory Notes Co., Ltd., which is an endorsement, as well as the financial situation aggravations, such as: (a) the so-called “return prevention” of the amount borrowed from the issuer, etc. as the amount borrowed from the issuer, etc. as the amount borrowed from the issuer, etc. because the profits accrued from business operations around October 2012 cannot be repaid solely on the basis of the previous loan amount, maturity amount, etc.; and (b) there was no intention or ability to make the said Promissory

Nevertheless, the Defendant, by deceiving the victim as such, received 30 million won from the victim to the new bank account in the name of the Defendant on the same day.

2. According to the evidence duly adopted and examined by this court, the process of acquiring the bill of this case issued by a company that was not well aware of the defendant was not always arbitable, and at the time of bill discount, the victim received the bill of this case for the payment of the price of the goods from the direct customer, and the financial situation of the company at the time.