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(영문) 서울서부지방법원 2015.02.12 2014고단2012
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the chairperson of C, and D is the actual representative of E Company that supplies parts to C.

In order to raise funds for the management of the company as a result of the shortage of funds by making investments in the Kabbs, while operating the corporation C, the Defendant deceiving the victim F to the effect that “D deceptions the bill at the time of discount, and C had the ability to repay at the time of discount,” thereby raising the amount of discount money from the victim.

Therefore, the Defendant asked D to get a discount of the bill from the victim as above on August 19, 2013, and D presented a promissory note (I) to the victim of H office operated by D on August 19, 2013 by G Victim F in Gyeonggi-do, “stock company C is a government office supply and export of Japan, and E company raises sales to the lower company of C, and continues to pay a discount of the bill, and there is no problem in the payment of the bill. First of all, the bill received from the delivery price refers to the bill as the supply price, which is KRW 24,200,000,000,000.

However, even if the bill is issued due to the above investment loss, C did not have any funds to be settled at the due date, and the Defendant did not have any intent or ability to repay even if the bill discount was received from the victim through D.

Ultimately, the Defendant, through the foregoing D, was a company with the ability to repay, and was issued KRW 21,917,940 to the victim through D under the pretext of discount of bills as if D discounted bills.

The Defendant, including this, from July 26, 2013 to November 14, 2013, extended to 11 times from the victim F, J, K, L, and M in the same manner as the list of crimes in the same manner.

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