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Reasons
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(영문) 서울중앙지방법원 2012.12.31 2012고단6370
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On May 21, 1998, the defendant who acquired money by deception of KRW 12 million issued the same bill to the victim E at the D office located in Seocho-gu Seoul Metropolitan Government Seocho-gu Seoul Metropolitan Government (hereinafter referred to as "C") without cash;

5. The offer will be made at a cash discount up to 28.

“A false statement. However, even if the Defendant received a bill from the victim, the Defendant did not have any intent or ability to have a bill at a discounted price in cash. Nevertheless, the Defendant received from the victim a promissory note (F) in the name of D representative director E, a branch of Korea-Japan Bank and D representative director E, a branch of Korea-Japan Bank, from the victim on September 5, 1998. On February 2, 39, 1998, the Defendant would have to have a bill discounted “the check at a discounted price in cash.”

‘False speech' was made.

However, even if the defendant receives a check from the victim, the defendant has a cash by discounting it.

there was no intention or ability to act.

Nevertheless, the Defendant received from the victim the amount of face value of KRW 23 million, and the date of September 4, 1998, from the victim, one copy of the number of shares (G) in the name of D representative director E, a corporation with Gangnam branch of Korea-Japan Bank.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement of E in the police interrogation protocol of the accused;

1. Statement of the police statement of E;

1. A complaint filed by E;

1. Application of the Acts and subordinate statutes to checks and bills;

1. The following circumstances, including Article 347(1) of the Criminal Act, which are acknowledged by each evidence indicated in the reasoning of conviction and sentencing, were related to the victim and the defendant at a discount by exchanging bills and checks from before the instant case, i.e., the victim did not file a complaint with respect to several types of bills and checks, among those for which the defendant requested discount to the victim during the course of exchange.

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