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(영문) 수원지방법원 2013.12.20 2012고합195
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

When the Defendant and C needed business funds, etc., the Defendant and C stated the bill of exchange, and the Defendant had the bill discounted from C to use the discount money.

C On August 8, 2010, in the “E” restaurant located in Guro-gu Seoul Metropolitan Government, D, the Defendant issued to the issuer Fag, bill number G, par value of KRW 33,50,000, and one promissory note as of December 7, 2010 (hereinafter “first Promissory note”) to the Defendant, and “The purpose was to write off a half of the bill at discount.”

Accordingly, the Defendant issued a bill to the victim from the “J” of the victim I’s operation of Suwon-si, Suwon-si, and the Defendant stated to the effect that “The bill to be settled is discounted on the payment date. If the bill is not settled, the Defendant is responsible for and repaid, and even if not, the bill is not paid.”

However, in fact, the first bill is below:

In addition to the port bill, C had not been able to settle the payment on the due date because it was the so-called B-called B-B-B-B-B-B-B-B-B-B-B-B-C-B-B-B-B-B-C-B-B-B-B-B-C-B-B-B-B-B-B-B-B-B-B-B-B-B-B-

As such, the Defendant, in collusion with C, by deceiving the victim, and by deceiving the victim from the victim on September 3, 2010 under the pretext of the discount of the bill, received from the victim each remittance of KRW 20 million to the account under the name of the Defendant, around September 4, 2010, and 6.3 million won from September 4, 2010.

B. On September 2010, C issued to the Defendant a copy of a promissory note dated December 20, 2010 (hereinafter “second Promissory note”) with the same purport as the preceding paragraph, which was issued to the Defendant, as the issuer Fag, bill number L, par value L, 17,00,000, and due date.

Accordingly, the Defendant issued the above bill to the victim at the above “J” around that time, and at a discount of the correct bill.

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