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(영문) 인천지방법원 부천지원 2014.12.18 2014고단1910
사기등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 2013, 2013, the fraud Defendant made a false statement to the victim D business directors E who called “F to deliver 10 tons of materials” by phoneing to the victim D business directors E., and at the same time, it should not be the same as the business entity’s unit price. Therefore, it is possible to adjust the unit price, and if it is deemed that the unit price is adjusted, it would be settled in cash.”

However, in fact, the Defendant had not been able to pay the debt amount to KRW 200 million. Therefore, even if he was provided with the yellow club from the victim, the cash settlement was not intended to death and pay the amount, and there was no intention or ability to purchase the forged bill and deliver it to the victim as the name of the purchase price.

The Defendant, by deceiving the damaged company, was supplied by the victim with yellow club equivalent to KRW 71,597,240,00 on August 39, 2013 and KRW 32,372,340 on December 32, 2013 and KRW 71,597,240 on December 32, 207.

2. The Defendant, who was demanded by E to pay the payment of the settlement amount for the yellow club pay supplied as above, had the intention to purchase a forged bill with a blank face value and pay it as the settlement amount.

On October 4, 2013, the Defendant stated “H Co., Ltd.,” which he actually operated, as the “H Co., Ltd., Ltd.,” and written respectively on the date of payment, in the face value column of the promissory note in the name of one, the face value and the due date of which are counterfeited, with turlcheon three thousand Tuecheon-si (73,015,800),” “Tllcheoncheon-si Mancheon-si,000 (73,015,800),” “ October 4, 2013,” and “date of payment”.

Accordingly, for the purpose of exercising, the Defendant, without authority, forged a letter of promissory note to supplement the face value of the blank bill forged in I’s name.

3. On October 4, 2013, the Defendant completed the promissory note in the name of “D” representative director of the “stock company,” which is not aware of the forgery of the promissory note stated in paragraph (2) at H Co., Ltd., and in the name of “I”, as described in paragraph (2).

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