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(영문) 전주지방법원 2014.12.11 2014고단258

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 of the final judgment.


Criminal facts

[2014 Highest 258]

1. A crime (Fraud) around December 17, 2010, around December 17, 2010, the Defendant: (a) around December 17, 2010, three parties, Jung-gu, Seoul, supplied the victim C with the land equivalent to KRW 42,150,00, the amount of KRW 16,850,000, out of the payment, shall be paid as a bill, and the remainder shall be paid in cash twice by January 30, 201.

A. However, the Defendant, while running a business with the trade name of D around February 11, 201, closed the business without paying one billion won, and was urged by creditors to pay the amount of other personal debt more than 5,000,000 won, but there was no intention or ability to pay the amount even if the Defendant was supplied with the goods from the victim due to the lack of any particular property or income. The Defendant, by deceiving the victim, was supplied with a reduced amount of KRW 42,150,000 at around that time by the victim, and acquired the amount by fraud (Fraud and forged securities) around February 11, 201. On January 1, 201, 201, the Defendant paid the remainder of KRW 25,300,000 from the said victim’s purchase of the goods stated in paragraph 1.0,000,000,0000,000 won, which was confirmed to have been supplied at least 10,010,000 won.

However, in fact, the promissory notes paid by the Defendant to the victim as above are KRW 25,30,000 among six promissory notes purchased by paying KRW 8 million from the needy person on October 2010, and KRW 200,000,000 among the six promissory notes purchased by the Defendant, and the Defendant’s face value from the victim on January 2012.