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(영문) 대구지방법원 김천지원 2017.08.24 2016고단1743
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 31, 2013, the Defendant was sentenced to one year of imprisonment for a violation of the Illegal Check Control Act by the Daegu District Court, and the judgment was finalized on February 8, 2013. On May 22, 2014, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Changwon District Court on May 30, 2014, and the judgment became final and conclusive on May 30, 2014. On September 29, 2016, the Defendant was sentenced to two years of suspension of execution for eight months of imprisonment for a crime of fraud in the Daegu District Court Kimcheon support, and the judgment became final and conclusive on April 6, 2017.

The Defendant was a person who operated the LAB and was responsible for the debt amounting to KRW 750 million around April 2012, and the Defendant’s LAB, which was operated by the Plaintiff, had no intention or ability to make changes even if the Defendant was able to avoid returning the existing bills at a discount from the victim C, because the financial status of the Plaintiff has deteriorated from February 2, 2012, and the Defendant was immediately issued and issued the check and the bill of exchange in an amount equivalent to KRW 700 million (the first default on May 14, 2012, and the last default on June 20, 2012).

Nevertheless, on April 20, 2012, the Defendant was aware of the victim in E office operated by the injured party in Daegu Suwon-gu, Daegu-gu.

The victim is accompanied by F and the victim “B is performing the construction work ordered by the management authority of the local land of the Ministry of Land, Infrastructure and Transport of the Ministry of Land, Infrastructure and Transport of the Ministry of Land, Infrastructure and Transport of the Republic of Korea.”

It is called as "lurging and exchanging interest of the line to reduce the number of sheets and bills," and it is possible to repay the bills, etc., one sheet of promissory note with a face value of 32 million won per face value issued by the bank for the settlement of accounts and one sheet of face value of 80 million won per face value."

The Defendant received KRW 24 million from the damaged party, namely, through the agricultural bank account in the name of the G in the name of the F, and around April 30, 2012, via the Defendant’s bank account in the name of the Defendant, from the damaged party, and received KRW 40 million on April 30, 2012, and May 1, 2012.

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