사기
Defendant shall be punished by a fine of 2.5 million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Punishment of the crime
On December 5, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of fraud in the Incheon District Court Branch Branch of the Incheon District Court for a period of ten months, and the judgment became final and conclusive on December 13, 2012.
The defendant is a person who operates agricultural and fishery products distribution business under the trade name of corporation B.
In fact, the Defendant had no intention or ability to acquire a company or to repay borrowed money from the beginning because the blank number of units, promissory notes, etc. provided for the purpose of checking the funds borrowed by the company to issue promissory notes had already been anticipated to be defaulted.
Nevertheless, around June 21, 201, the Defendant, at the Bupyeong-gu Incheon Metropolitan City hotel coffee shop, issued a promissory note by acquiring a family company hospitalized in the hospital with the money if it lends KRW 10 million to the victim D. In addition, the Defendant provided a blank note of KRW 10 million to check up the blank check and borrowed KRW 35 million, including interest, until July 15, 201, the Defendant borrowed the promissory note of KRW 11 million, including interest from July 15, 201, and acquired KRW 100,000 from the victim immediately.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Each report on investigation;
1. Previous records: Criminal history records, etc. inquiry reports, previous records of dispositions, results of confirmation, decisions bound in the public trial records, and application of Acts and subordinate statutes to the results of case search;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;