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(영문) 광주지방법원 순천지원 2015.06.05 2015고단401

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. From May 15, 2000, the Defendant violated the Illegal Check Control Act (hereinafter “E”) has entered into a check contract with the Korean Bank Dongyang branch and has traded the party shares.

On May 1, 2008, the Defendant issued a check number “F”, “40,00,000 won at the office”, “F”, “40,000 won at the face value”, and “date of issuance” under the name of the Defendant, and issued a one copy of the check number per bank under the name of the Defendant, and offered the check to the above bank on September 10, 2008 when the check was presented for payment within the time limit for the check payment, but did not receive the shortage of deposits. In addition, from the above date to June 10, 208, the Defendant issued a total of 13 copies of the check number per bank under the name of the Defendant from the above date and time to June 10, 2008 (a total of KRW 452,58,000) as indicated in the attached Table of Crimes List, each holder presented the check payment within the time limit, but did not receive each deposit.

2. Fraud;

A. On July 30, 2008, the Defendant stated that “In the office, the victim G is required to pay a bill. If the Defendant borrowed KRW 60 million to the victim G, the Defendant would receive the price of supply at the end of August, 2008.”

However, the defendant's operation is that the E is suspended from the transaction of supplying goods with the trading company at the time, and there is no particular income, and the obligation is about 400 million won. Thus, the defendant did not have the intent or ability to pay the money even if he received the money from the victim as the borrowed money.

The Defendant received 60 million won from the victim as the borrowed money.

B. On August 4, 2008, the Defendant stated that “In E’s office, the Defendant borrowed additional money to the said Victim G with a premium to prevent the said Victim G from selling and selling the land. In the event of the purchase and sale of the land, the Defendant borrowed KRW 40 million in return.”

However, the "E" of the defendant's operation is suspended from the supply of goods with the trading company at the time.