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(영문) 인천지방법원 2016.09.08 2016고단4087
사기
Text

A defendant shall be punished by imprisonment for one year.

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. Around June 9, 2010, the Defendant committed the crime on or around June 9, 2010, on the part of the victim D with “F”, “68,200,000 won”, “date of issuance”, and “date of payment, October 11, 2010,” false statement that “If the Defendant borrowed KRW 60,000,000 to the victim as collateral, the Defendant would pay KRW 62,80,000 to the victim amount on the date of payment of the Promissory Notes.” However, the Defendant was merely lent from the victim D with “F”, “F”, “60,000,000,000 won of the Promissory Notes issued as collateral,” and the Defendant was not entitled to receive money from the victim’s 70,000,000,000 won of the Promissory Notes as collateral, and thus, was not entitled to receive money from the victim’s money from the Defendant.

However, the Defendant borrowed the amount and the due date of the Promissory Notes G from the E auditor, but the Defendant, as if the said Promissory Notes were normal bills, requested the Plaintiff to pay the discount of the Promissory Notes.

The defendant shall belong to the defendant on the same day from the victim to the post office account in the name of the defendant on the same day as the bill discount.

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