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(영문) 의정부지방법원 2013.09.10 2013고단2030

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is engaged in the business of so-called “D” in Seongdong-gu Seoul, and the victim E is engaged in the business of gambling in the name of “G” in Seongdong-gu Seoul, and from around 2007, the Defendant has maintained a trade relationship in which the Defendant was supplied by the victim.

On August 5, 2011, the Defendant presented to the victim a letter of promissory note “25,00,000 won” at the G office: (a) around August 5, 201, the Defendant presented to the victim a letter of promissory note “I” of the issuer “H representative director I”; (b) the date of issuance “the date of August 30, 201,” the place of payment “as of November 30, 201,” the payment “as of November 30, 201,” the number of the notes numbered “J”, and the addressee “D”; and (c) supplied goods from H stock company and received normal payment. If D’s operating funds are required, if the bill is discounted, it would have to be paid at the due date because H stock company is a large company.”

However, the above promissory note was not a rush bill, which was paid in relation to normal goods transaction between D and H, and H Co., Ltd. was also in the crisis of default from June 201, and it was not in the situation where H Co., Ltd. could pay the amount of the promissory note on the due date for payment of the promissory note. At the time, the Defendant’s personal debt was approximately KRW 2 billion, and the Defendant’s personal debt was clearly stated in the facts charged was clearly stated in the facts charged, and D, which was operated by the Defendant, was also in the crisis of business closure, there was no intention and ability to pay the amount on the due date

As such, the Defendant, by deceiving the victim as such, received KRW 22,840,00 from the victim as a discount fee for bills, and received KRW 22,840,00 from that time to November 15, 201 in total, 12 times from that time, as shown in the list of crimes in attached Table, was remitted as a discount fee for bills.

Summary of Evidence

1. Part of the defendant;