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(영문) 수원지방법원 2017.09.14 2017고단4241
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 take place for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On February 12, 2015, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Western District Court on August 29, 2015 and the said judgment became final and conclusive on August 29, 2015.

【Criminal facts】 The Defendant is the chairman of C, and D is the actual representative of E who supplies parts to C.

During the operation of the corporation C, the Defendant, while operating the corporation C, has failed to make an investment in the Kabbbb, has been able to acquire the amount equivalent to the discount amount of the bill by discounting the bill through D in order to raise funds for the management of the corporation.

Therefore, the Defendant asked D to discount of a promissory note with C Co., Ltd. on September 24, 2013. D, around Sep. 24, 2013, presented to the victim of H office operated by the victim G, which was in F. 201, a chapter of the promissory note (I) with the face value of KRW 25,300,000 in the issuance of C Co., Ltd. to the victim, and made a false statement on the part of D’s H office, which was operated by the victim G, which was located in F. 201.

However, even if a bill is issued due to the above investment loss, C did not have funds sufficient to settle the date of the payment. The Defendant did not have any intent or ability to repay the bill even if he received discount from the injured party through D.

Nevertheless, the Defendant, in collusion with D, by deceiving the victim through D, and received KRW 22,442,790 on September 25, 2013 from the injured party under the pretext of a bill discount.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement of the police statement related to G;

1. Details of the transactions of promissory notes or bills for entry and withdrawal, and bankbooks;

1. Investigation report (Binding of data related to the submission of suspect A and bankruptcy);

1. Previous convictions in judgment: A criminal investigation report (componating judgments in relevant cases) and application of Acts and subordinate statutes;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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