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(영문) 서울중앙지방법원 2020.11.17 2020고단1489
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 5, 2007, the Defendant was sentenced to 560,000,000 won from a surcharge on July 15, 2008 to imprisonment with prison labor for the preparation of false securities at the Jung-gu District Court on July 5, 2007. On December 23, 2011, the Defendant was sentenced to imprisonment with prison labor for the violation of the Illegal Check Control Act at the Busan District Court on December 26, 201, and the sentence became final and conclusive on December 26, 2011.

Around March 2010, the Defendant issued and traded gift certificates on the sixth floor of the building B in Seocheon-gu, Seocheon-gu, Seocheon-gu, B, and there was no special property. The Defendant Company C borrowed money from the victim D for the purpose of paying corporate tax in 2010 and 2011, but did not have the intent or ability to repay the money from the Defendant’s personal property or the above company’s profits. The Defendant is running a business of issuing gift certificates. If the Defendant borrowed business funds, such as the cost of collecting gift certificates, etc., he/she will pay the money without a mold at least five months at the latest. The Defendant’s account number is 250 million won in total at the face value of gift certificates handled by the collateral list, and the Defendant was transferred to 30 million won in total from the Defendant’s account number under the name of 150 million won in the name of 30 million won in G. 160 million won in the name of 160 million won in the account number of the Defendant.

Accordingly, the defendant deceivings the victim as above and 300 million won in total from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police interrogation protocol (including D substitute parts) against the defendant, each police statement of the defendant against D and K, each written statement of the prosecutor's complaint against the defendant, the loan certificate, the inquiry table requesting the statement of demand not to be made, the deposit certificate, the cash loan contract, and the C Product Rights:

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