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(영문) 인천지방법원 2014.02.13 2013고단5851
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 24, 2012, the Defendant made a false statement to the victim E at the D office located in the Nam-gu Incheon Metropolitan City, Nam-gu C, stating that “I would draw up payment for the settlement of the face value of KRW 75,416,00 (bill No. 6) with a discount on the bill at the face of the issuance of the bill.”

However, from 202 to 75,416,00 won, the Defendant was unable to pay the face value of 246,026,000 won, including the above face value of 75,416,00 won, to the previous victim, and the Defendant operated a stock company G (hereinafter “G”) with the overdue wage of 38,00,000 won. As for the only property of G, the Defendant filed an application for auction with other creditors on August 29, 2012. Since the Defendant was under the circumstance of ex officio closure of business on October 1, 2012 on the grounds that the overdue tax amount of 291,605,000 won was due to the overdue tax amount of 291,605,000 won, there was no intention or ability to pay the bills back to the due date even if the bill was borrowed from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, received from the victim the two bills of exchange equivalent to KRW 9,800,000 (hereinafter “each of the bills of exchange”) totaling KRW 62,70,000 (bill No. H) per face value, KRW 37,100,000 (bill No. I) per face value and KRW 9,80,000 (hereinafter “each of the bills of exchange”).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the witness J;

1. Each protocol of examination of the suspect against the accused and J by the prosecution (including the substitute part);

1. Correspondence, investigative reports (Attachment of the results of search for auction cases), investigation reports (Attachment of copies thereof);

1. A certificate of the chassis of each bill;

1. Application of text messages to Acts and subordinate statutes;

1. Determination of the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, the defendant who is selected to punish a criminal defendant, and his/her defense counsel's assertion

1. The Defendant alleged that the bill of this case was to be repaid at the time of borrowing the bill.

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