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Reasons
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(영문) 서울북부지방법원 2015.07.09 2014고정2710
사기등
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 12, 2014, from around 16:00 to 22:00, the Defendant: (a) at the mutual influenite restaurant in the friendly valley in the friendly mobile valley located in Gangnam-gu Seoul Metropolitan Government; (b) at the inner fluoral herb board, the Defendant 100,000 won to KRW 40,000; and (c) at 40,000 won to KRW 1.5 million to KRW 5 million to KRW 40,000 to KRW 6.

2. The Defendant, at the time and place indicated in paragraph 1, presented a check of KRW 5 million in face value, which was 5 million in the internal embankment, and the victim C intended to exchange the said check in cash.

However, in fact, the check was forged by copying the check already used, which cannot be used lawfully.

The Defendant, by deceiving the victim in such a way as above, obtained 5 million won, which is the face value of the said check, from the victim, and fraudulently acquired it.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of witness D;

1. Statement of each police statement of C and E;

1. To state forged cashier's checks and present Defendants and defense counsel asserted that there was no fraud as the Defendant did not know that the checks cannot be lawfully used at the time of issuing the checks to the victim.

However, in full view of the following circumstances after the court duly adopted and investigated, it can be sufficiently inferred that the defendant presented it to the victim and received cash equivalent to the face value even though he knew that the checks as stated in this case could not be used lawfully at the time of this case.

① The Defendant stated at an investigative agency that D was unable to change the check while showing the instant check, and that D was allowed to borrow KRW 1.4 million to D and receive the check, and that D was given a receipt of the check by leasing KRW 1.4 million to D in this court.

The defendant above.

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