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(영문) 부산지방법원 2016.08.31 2015고단8865
사기
Text

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

Reasons

Punishment of the crime

1. On December 2013, 2013, the Defendant paid the victim’s promissory note to the “E” office operated by the victim D in Gangseo-gu Busan, Busan, without delay until the day of the principal payment.

“The phrase “ was false.”

However, the defendant has no intention or ability to settle promissory notes on the due date, even though the personal liabilities at the time are substantial and the financial standing of FF it operates is very bad.

Around December 17, 2013, the Defendant received a copy of Promissory Notes amounting to KRW 49,995,00 in face value under the name of E from the injured party.

2. On December 27, 2013, at the above E office around December 27, 2013, the Defendant received one copy of the Promissory Notes worth KRW 89,694,00 from the injured party by deceiving the victim, with the face value of KRW 89,694,00 from the victim.

3. On March 12, 2014, the Defendant received a delivery of a promissory note of KRW 45,650,000 from the victim by deceiving the victim, as set forth in the above E office No. 1.

4. On April 25, 2014, the Defendant received a delivery of a promissory note of KRW 56,00,900 at the face value in the name of E from the injured party by deceiving the victim, as set out in the above E office No. 1.

Accordingly, the Defendant, by deceiving the victim, received four copies of promissory notes of KRW 241,339,90 in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A complaint;

1. Application of Acts and subordinate statutes to a copy of the bill, the text of the judgment (2014 Ghana 5350), the person who investigates the current account transaction suspension, and the copy of the bill breabb

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Determination of the Defendant’s and defense counsel’s assertion regarding the alternative imprisonment sentence

1. The defendant and his defense counsel asserted to the effect that the defendant and his defense counsel had the intent or ability to repay the promissory note at the time of borrowing it, as stated in the facts constituting a crime, and that the act of deception against the victim cannot be recognized.

2. Determination

A. The evidence stated in the judgment.

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