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(영문) 광주지방법원 2011.06.01 2011고단1128
사기
Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

The Defendant is the actual operator of the Company B.

On October 6, 2010, the Defendant stated that “In the E office operated by the Victim D in Gwangju Mine-gu, the Defendant would recover the bill from time to October 13, 2010 without molding it and return it to the Defendant, on the following grounds: “If the Defendant borrowed a bill as it is necessary to take a loan to F Bank, to use it in cash with a plucker and plucking capital, at a discount, it is necessary to use it only for a week; and at the same time, the Defendant would recover the bill from time to time on October 12, 2010.”

However, in fact, the Defendant did not have any clear way to settle the amount of the bills that the Defendant had to pay until the end of October 2010, even though the total amount of the bills to pay was equal to 1.6 billion won. On May 2010, 2010, the Gent Corporation started with Gent Corporation was difficult to proceed with a loan issue. Even if a bill was borrowed from the victim, it was thought that it would be used to repay the amount of the bills to other creditors. Therefore, the Defendant did not have any intent or ability to use the bills borrowed from the victim as funds for a savings bank loan or recover the bills by the agreed date.

In such a way, the Defendant, by deceiving the victim, obtained two promissory notes worth 100 million won in total (H, I, face value 50 million won in each face value, and issuer JK) from the victim, and acquired them by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Grade D among the police officers against the accused and the suspect interrogation protocol of the prosecution;

1. The police statement - D, L

1. All certificates of complaint, copies of promissory notes, and registered matters;

1. Each investigation report (with respect to telephone conversations with employees of the F Bank, and M telephone conversations);

1. Details of deposit and withdrawal transactions, copies of issuance register of bills, and application of Acts and subordinate statutes to report on investigation (a copy of register of a corporation);

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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