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(영문) 의정부지방법원 2013.07.03 2013고단977
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, 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 February 2013, the Defendant purchased promissory notes with a view to selling them in newspapers while demanding the repayment of borrowed money from B and delivered them to B.

On February 7, 2013, at least 4:43, the Defendant purchased one forged promissory note at KRW 600,000,000, which is, “C”, “C”, “C”, and “7,50,000,00 won” through Kwiksetset Service at No. 4, 4, Dong-dong, Dongdaemun-gu, Seoul, Dongdaemun-gu, and the date of issuance of such promissory note at par value “7,50,00,000,” and exercised it by delivering the forged promissory note to B as if the promissory note was actually issued as if it were genuinely issued at B’s house located in Gangnam-gu, Seoul, Seoul, and at around 15:30 on the same day.

2. On February 7, 2013, at around 15:30 on February 15, 2013, the Defendant, at the victim’s house as indicated in paragraph (1), issued a forged promissory note with the same method as Paragraph (1) and asked the discount of the bill, and expressed that the Defendant was excluding three million won of the Defendant’s debt owed to B prior to the discount amount.

However, the above promissory note was not traded normally as forged.

The defendant received 3.8 million won from the victim to receive 3.8 million won in the name of the remaining bill discount, excluding the existing debt amount of 3.8 million won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a copy of forged bill of commitment, investigation report (as to the authenticity of a promissory note submitted by the complainant);

1. Relevant Articles 217 and 214 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (the occupation of fraud and the choice of imprisonment) of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The amount of damage under Article 62(1) of the Criminal Act is limited to 3.8 million won and the defendant is suspended from execution.

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