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(영문) 수원지방법원 2012.10.11 2012고단938 (1)

사기

Text

The defendant shall be innocent.

Reasons

1. The facts charged D has a claim against F, which is the wife of E, and the above F had a claim against the Defendant. However, in order to raise funds to repay each of the above obligations, it purchased forged promissory notes and conspired to acquire them by discounting them as if they were genuine bills.

Of December 2010, the Defendant purchased promissory notes with a view to selling the promissory notes to E, and the Defendant received KRW 3 million from D and received them from the Defendant, and the Defendant purchased KRW 90 million of the Bank of Korea Promissory Notes (B/H number) in KRW 3,300,000 of the total issuance of G Co., Ltd., which was forged to a local reproduction machine through Kwikset service, and delivered them to D via E.

Around January 4, 2011, D and E introduced victims from the J with the victim I and, along with the above J, displayed the said promissory note to the certified judicial scrivener office operated by the victim in Suwon-gu, Suwon-si, Suwon-si, and stated that “D’s husband was paid by the transaction partner, and thus, at a discounted rate, the bill is not problematic.”

Around January 5, 2011, D and E issued documents necessary for the establishment of a right to collateral security on the said real estate to the effect that “this bill will be settled within the due date, i.e., in the office of the victim, as well as L, M, which was offered as collateral upon the request of the said J and E, and that “I will be provided as collateral to the victim. M will be provided within the due date. I will be able to obtain preservation of this real estate even if the bill is not settled.”

Therefore, the victim transferred KRW 74.5 million to the N's account under the name of the bill discount on the same day, and KRW 9 million to the account under the above J's name.

However, as seen earlier, the above promissory note was purchased in the amount of 3.3 million won by the Defendant, D, and E.