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(영문) 대구지방법원 김천지원 2014.10.15 2013고단1287
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, “2013 Highest 1287,” when constructing and selling a building, used a bill issued by pro-Ma C from around 2007 without any special property for the settlement of the construction price. From early 2012, when the payment date for the borrowed bills became due, the Defendant was unable to pay the bills even after the maturity of the above payment date for the above borrowed bills, and when he was introduced E from D, a police officer, who was at a discount from C, in the process of returning the bill at a discount and in the process of preventing the refund of the bill, the Defendant was willing to receive the bill discount due to the shortage of the acquisition fund of the building and receive the bill discount, and was able to receive the bill discount as if he could pay the bill at the due date.

On December 1, 2012, the Defendant: (a) found in the GG office for the operation of the victim located in F of Gyeonggi-gun on December 1, 2012, issued to C a promissory note (H, issuer C, par value 3,150,000 won, and due date on March 5, 2013) borrowed from C; (b) concluded that “I will accept the construction of the building in Daejeon. I will want to pay the said building without recourse at the due date on the face of a shortage of funds; (c) on January 15, 2013, I would find at the office of the victim again borrow from C four promissory notes (i) the issuer, issuer, C, a face value 5,00,000 won, (d) the due date on April 17, 2013, (e) the issuer, C,7,800,0000 won, and (e) the issuer, C, 3.403,013.

However, even if the defendant received a bill discount from the victim, he would have been able to pay other bills which he borrowed from C before.

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