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(영문) 서울중앙지방법원 2014.07.17 2013고합1475
사기등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, a check number D check is related.

Reasons

Punishment of the crime

"2013, 1475"

1. The Defendant is a de facto operator of E Co., Ltd. (hereinafter “E”) established for the purpose of self-helping and selling, and developing new materials.

피고인은 2007. 1.경 서울 강남구 F에 있는 E 사무실에서, 평소 잘 알고 지내던 피해자 G에게 ‘회사가 자금난을 겪고 있는데 여윳돈이 있으면 이자를 드릴 테니 돈을 빌려주면 그 원리금을 2007. 12. 30.까지 갚도록 하겠다’는 취지로 말하였다.

In the written indictment, the defendant stated to the effect that "I would like to pay 50 percent of the profit if I would like to use money as development fund and make a profit. I would like to pay the principal by December 30, 2007." It stated to the effect that "I would like to pay I would like to complete the payment by December 30, 2007."

However, the above facts charged were specified on the basis of the statement made by the investigation agency of G wife C after the victim G died, and the Defendant and C did not have any mutual contact at the first office in this Court and there was no money transaction between the Defendant and C in December 2006.

A statement is made consistent with the judgment of the court below, and C filed a complaint with G to find a bill of exchange at its own interest and to the effect that the amount of the bill was fraudulent after G died, and that there was no fact that G transferred the bill to G.

The Defendant stated that “The Defendant borrowed money to Victim G at around 2007,” and the Prosecutor stated that “The Promissory Notes bound in the record shall be issued by the Defendant from F E office in F E office in which the Defendant borrowed the Company’s operating capital from G on the date indicated as the date of issuance,” and that the Promissory Notes issued by the Defendant as of March 30, 2007 and delivered to the victim are KRW 100 million in face value.

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