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(영문) 의정부지방법원 2015.05.11 2015고단146
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On April 25, 2012, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for a violation of the Illegal Check Control Act at the Seoul Central District Court on April 25, 2012, and the judgment became final and conclusive on May 3, 2012, and on May 17, 2012, the Seoul Central District Court sentenced 2 years of imprisonment and 3 years of suspended execution to 3 years of suspension of execution.

【Criminal Facts】

The Defendant aggravated management conditions, such as failure to pay the check price issued by the Defendant due to the financial shortage while operating the Egram series located in Gangnam-gu Seoul Metropolitan Government D, following these circumstances, the Defendant issued the check number to the victim F in order to pay the price for the check number issued in the past and borrowed money from the victim by taking it as security.

On May 5, 2011, the Defendant made a false statement to the effect that the Defendant would lend money to the victim due to lack of operating expenses for the present photographic news center to the victim at the Seocho-gu Seoul Metropolitan Government Seocho-gu cafeteria, Seoul Metropolitan Government, and that the Defendant would pay the money by the date of the check payment.

However, in fact, E’s photographic document was reduced to half of the sales in around 2011, and was reduced to half of the revenues, and there was approximately KRW 300 million of check payment obligation and KRW 80 million of credit payment obligation, and monthly profits were approximately KRW 10 million, but all of them were consumed due to the payment of interest, etc., and borrowed money from the victim.

Even if he did not have the intention or ability to complete the payment.

Nevertheless, the Defendant issued a check number G and a check number G on August 7, 201 of the date of issuance to the victim on May 6, 2011, and received KRW 10 million from the victim to the bank account in the name of the Defendant’s wife to the bank account in the name of the Defendant’s wife.

In addition, the defendant is attached between the above and June 20, 201.

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