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(영문) 부산지방법원 2015.03.19 2014고단10010
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On September 5, 2010, the Defendant made a false statement to the effect that “F”, “F”, “35,500,000 won”, “B”, “B”, and “B” under the name of the representative director of H in the name of H” are delivered at the D office located in Busan L, Busan, and at the time of payment, the Defendant issued to the victim E a promissory note under the name of H in the name of the representative director of H. on the date of payment.”

However, in fact, since the above bill was issued only by the bill without a real transaction purchased at KRW 2.750,00 through I around September 3, 2010, and it was an innerly named "breabbed bill", there was no possibility that the payment would be made at all on the due date.

Around September 9, 2010, the Defendant, by deceiving the victim as above, received KRW 11 million from the victim to the account of community credit cooperatives under the name of the Defendant, under the pretext of the discount of bills.

2. Around September 15, 2010, the Defendant, at the foregoing D office, made a false statement to the effect that “A promissory note in the name of the victim E, including the bill number “J”, the face value “25 million won”, and the due date “1 January 20, 201,” was delivered to the victim E, and that “a promissory note is acquired as the price for the goods, and a normal bill is discounted without any specification at the due date.”

However, the fact is that the above bill was purchased by the Defendant through I in around September 14, 2010 through around September 14, 2010, and therefore there was no possibility that the price would be settled at all on the due date.

As above, the Defendant, by deceiving the victim and by deceiving the victim, through the said community credit cooperative account as a discount fee for bills from the victim, obtained KRW 7 million around September 16, 201, KRW 2 million around October 4, 201, and KRW 10 million in total from October 5, 2010.

3. On November 3, 2010, the Defendant was guilty of KRW 1,1190,00, KRW 2,650,000, a bill number “K”, face value “2,650,” to the victim E at the above D office.

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