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(영문) 부산지방법원 2012.09.14 2012고단5213
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant made a false statement to the effect that “The Defendant would make a payment on the date of payment of a bill to the victim, i.e., a discount to reduce a promissory note with KRW 20 million,” at the office of the victim BD located in the Seo-gu Busan Metropolitan City.

However, the Defendant had an obligation of KRW 2 billion at that time, and the Defendant had no intention or ability to pay the amount on the date of payment, even if the Defendant had issued a promissory note to pay the amount borrowed from others, or issued a check, check, or bill, and paid the discounted amount with the amount borrowed from others, due to the occurrence of the Plaintiff’s 100 million or more per month of the business for the new manufacture, which was operated by the Defendant.

Nevertheless, the Defendant, by deceiving the victim as above, received 1,8250,000 won from the victim as the discount amount of the bill on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning BD;

1. Application of the Acts and subordinate statutes on complaint, copy of promissory note, and receipt;

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

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