beta
(영문) 대전지방법원 2018.04.19 2017고단1653

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The defendant is a person who operates B, C, or D, a household product wholesale and retail business chain.

On April 26, 2010, the Defendant paid one part of the Promissory Notes (on par value: 29,500,000 won, bill number: L: : 30,000 won: L, date of payment: : 31 August 2010) to the injured Party G, who is the operator of F (State) H (Representative) in the office of “C” located in Gwangju-si, Gwangju-si, issued by the Defendant (Representative), and the J (Representative K). The Defendant received one copy of the Promissory Notes (on face value: 29,50,000 won, bill number: L, date of payment: : 31, 2010) from credit purchase as the price of the goods. The Defendant paid this bill as the price of the goods, so it would have to be paid on the date of payment, and there is a difference in discount on the remaining amount after deducting the changed amount, and the Defendant received the endorsement and delivered it under the pretext of 17,460,000 won from the damages.

However, the above (State) issuance of the bill was not acquired by the Defendant through the transaction of goods, but was acquired by the prompt term “bill issued through the transaction with J,” and it was difficult to expect that the bill will be paid on the payment date. At that time, the company operated by the Defendant was unable to pay the bill due to financial difficulties, and the Defendant did not have the intent or ability to perform its obligation to pay the bill as its endorser.

The Defendant, as such, by deceiving the victim, obtained money equivalent to KRW 10,715,430,00 from the victim of a promissory note with a total face value of KRW 10,715,430 from the victim.

8. From the day of July, 17, five victims, such as the list of crimes in the annexed sheet, are provided with an ambiguous term “bill of breabbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb