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(영문) 의정부지방법원 고양지원 2015.01.29 2013고단1964
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

Unlike actual bills, electronic bills refer to promissory notes registered in the electronic computer system of the electronic bill management agency by preparing information on bills, such as issuers, recipients, amounts, etc., in the form of electronic document, and all stages, such as issuance, endorsement, and extinguishment of rights, are available as real bills, and can be used online only as authorized certificates.

On December 29, 2010, the Defendant stated that “this bill is an electronic bill issued at the Incheon Airport. It is certain that this bill is reliable and reliable, and that “on April 5, 2011, the Defendant would pay money without going further to a bank,” and that “on April 5, 2011, the Defendant would pay money to the victim E without going further from a bank on April 5, 2011.”

However, at the time of fact, the Defendant, at the time of carrying out construction, thought that the above Chapter 3 of the electronic bill will be transferred to another place as material price, and the Defendant, in fact, transferred two copies of the electronic bill (bill number G, H), and one copy of the electronic bill (bill number J: J) to the Trade Co., Ltd. on December 30, 2010 and December 31, 2010, respectively.

Even if the victim receives money from the victim under the name of the discount of the bill, there was no idea of endorsement and transfer of the above three copies of the electronic bill, and there was no intention or ability of the victim to receive the money at the maturity of the bill.

Nevertheless, the Defendant, by deceiving the victim, received 20 million won from the victim to the corporate bank account of F (spouse of the Defendant) under the pretext of discount of bills from the victim, and received 35 million won from the same account on the following day, respectively, and received 1.8 million won in cash around that time.

Accordingly, the defendant deceivings the victim and defrauds the sum of KRW 56.8 million.

Summary of Evidence

1. Statement by the defendant in court;

2. E.

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