logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2018.04.19 2017고단1950
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On February 12, 2016, the Defendant was sentenced to eight months of imprisonment due to fraud, etc. in the Goyang Branch of the Jung-gu District Court (Seoul District Court), and was released from the Ansan Prison as the revocation of detention on June 8, 2016, and the said judgment became final and conclusive on July 15, 2016, and the execution of the said sentence was terminated.

[Criminal facts] On September 30, 2016, the Defendant came to know that the injured party E would want to discount a promissory note that the injured party would have received as a repayment of the borrowed amount from the debt debt at the office located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul. The Defendant would give a discount to the Defendant on the face of the bill because he/she is carrying on the domestic bit c business.

“The phrase “ was false.”

However, in fact, the Defendant did not engage in the business of the Litch, and did not have the ability to discount the said bill as a person with bad credit standing over KRW 1.2 billion. It was thought that the instant bill was delivered to F and was used for the purpose of delaying the payment period for the settlement of the transaction partner, and there was no intention or ability to discount the said bill by requesting F to discount the bill.

Ultimately, the Defendant, by deceiving the victim as above, obtained the face value of KRW 42 million from the victim on the same day, and acquired a promissory note number “G” from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police for E;

1. A certificate of custody of a check;

1. Previous convictions indicated in the judgment: Investigative report (Attachment of previous convictions, etc. for repeated crimes), references to inquiries, such as criminal history, and personal acceptance status (A) (A) [the defendant has obtained bills from the damaged person who has the intention to discount bills, and if the defendant has disturbed F with intent to discount bills, he/she shall deny the intention of defraudation;

However, according to F's testimony, the defendant, who was planning F with F to engage in the work related to the factory site, has delivered the bill of this case to F in order to promote F's progress by imposing time to repay F's debt.

arrow