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(영문) 서울서부지방법원 2012.10.31 2012고단1860
유가증권위조등
Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On January 201, 2010, the Defendant against the victim C had not been able to repay the debt amount to KRW 200,000,000, and there was a shortage of corporate operating funds, such as seizure of the money to be received from the customer at the tax office for the collection of unpaid value-added tax, and thus, the Defendant failed to pay the monthly salary and the lower-ranking company. Accordingly, the Defendant borrowed money from another person and operated the company by paying a part of the money, and thus, the Defendant did not have the ability to repay the money or pay the processing expenses even if he was entrusted with the processing of the goods at the lower-tier company.

On January 19, 2010, the Defendant borrowed money from the “E” office operated by the Defendant in Jung-gu Seoul Metropolitan Government, as above, but did not have the ability to repay it, and despite the fact that the Defendant borrowed money to use it for the monthly salary of its employees, etc., the Defendant made a false statement to the Defendant that “if the purchase cost, etc. of the original unit is required, it shall be repaid until May 30, 2010, if the Defendant borrowed KRW 15 million to use it for the monthly salary of its employees, etc.” The Defendant received from the victim, namely, from the victim, KRW 15 million as the borrowed money.

B. On December 31, 2010, the Defendant, at the office of “E” as stated in the preceding paragraph, did not have the ability to repay even if he borrowed the above money, and was unable to repay the amount to the victim with borrowed several times of money, the Defendant made a false statement to the victim that “if he/she borrowed KRW 70,000,000 as the purchase cost is required, he/she shall be repaid until December 31, 201,” and that he/she received KRW 70,00,000 from the victim on the pretext of the borrowed money, that is, he/she obtained from the victim on the pretext of the borrowed money.

C. On June 20, 201, the Defendant: (a) purchased a so-called “long-term draft” which is not normally settled from an injured party and arbitrarily purchased the said bill at the back of the said bill, notwithstanding the fact that the Defendant borrowed the money from “G office” office located in the Seoul Jung-gu, Seoul; (b) however, the Defendant did not have the ability to repay the money.

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