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(영문) 수원지방법원 안양지원 2018.08.31 2018고합81

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] On December 14, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution as a crime of fraud at the Suwon Friwon, and the judgment became final and conclusive on December 22, 2015.

[2] The Defendant is the vice president of the Co., Ltd. C (hereinafter “C”) in the process of emulation, and is a person who exercises overall control over the affairs related to the bill of exchange.

The defendant on December 24, 2014, at the victim E office located in Gangnam-gu Seoul, Gangnam-gu, Seoul, the representative director of the victim at the time.

F is "A business plan is set up in C, and the company's credit is currently not available for a loan.

Using the victim's credit, the issuance of a bill may be made by using the business item of C in the face of endorsement to C, and the funds may be distributed at the discount of the bill through the second financial right.

The payment of 3 billion won electronic bill is made on April 29, 2015 on the date on which the payment of the electronic bill was presented and is made by dividing it into 50:50,000,000 won on the high seas and using the bill at a discount of 50:50,000, and if the bill is not discounted, it shall be immediately returned.

“.......”

However, at the time of fact, C was liable for a loan of approximately KRW 2.54 billion or approximately KRW 4.5 billion, and was not paid interest on loans, and was not operated normally due to financial aggravation, and thus, it was not possible to receive discount from financial rights directly. The Defendant: (a) endorsed a bill of exchange received from the victimized person by Defendant, such as G, H, I, and J; (b) sold the bill of exchange after receiving non-related articles, such as oil, red ginseng, etc. from the victimized person, and had no intent or ability to immediately return the bill of exchange if the bill of exchange is not discounted or discounted as agreed upon by the injured person, even if the electronic bill of exchange was delivered by the injured person; and (c) the Defendant had no intention or ability to immediately return the bill of exchange.

The Defendant, as such, deceiving the victim, and deceiving the victim, on December 1, 2014.