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(영문) 서울동부지방법원 2017.08.23 2014고단1252
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An application for compensation shall be dismissed.

Reasons

Punishment of the crime

On February 12, 2008, the Defendant was sentenced to imprisonment with prison labor for fraud at the Seoul Southern District Court on February 12, 201, and completed the execution on January 23, 201.

On June 26, 2013, the Defendant called the Victim E director F Co., Ltd. F, Ltd., Ltd., Ltd., D on June 26, 2013, and made it possible to use KRW 75 million at a discount upon the issuance of the 100 million fake bill.

The phrase “one forwards money at work expense as the need for money to work in a bill” was false.

However, the Defendant did not have agreed to receive a bill equivalent to KRW 100 million, and there was no intention or ability to deliver KRW 75 million at the discount of a bill to the victim company on the ground that the Defendant used a promissory note with the funds of the victim company for other purposes.

As such, the Defendant, by deceiving the victim company, was deposited on August 16, 2013 by the victim company into the deposit account of the Defendant Saemaul Treasury.

The Defendant, around August 2014, 2015, 3753, at a non-permanent place in Seoul (Seoul) around August 2014, the Defendant: (a) calls from the H representative director C, Inc. located in the Gyeonggi-gu G at the Gyeonggi-si, Gyeonggi-do; and (b) discounts the bills received under the pretext of payment by H at the discount rate of 12%.

If an enterprise that has already reduced the discount is sending a bill, it will transfer the remaining amount after deducting the above 12% from the face value to H account of the corporation.

“The purpose of “ was to make a false statement.”

However, even if the bill is issued by the injured party, the Defendant did not have the intent or ability to discount the bill at the discount rate of 12%, and furthermore, even if the bill is actually discounted, the Defendant was thought to use the bill for personal purposes without paying the discounted amount to the injured party.

Nevertheless, on August 21, 2014, the Defendant issued a note of KRW 100,000,000 at a face value of 30,000,000,000 won from the injured party, and KRW 25,00,00,000 at a face value of 3,00,000,00 won.

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