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(영문) 서울북부지방법원 2018.12.19 2017고단217
부정수표단속법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

(e).

Reasons

Punishment of the crime

[Criminal Records] On February 15, 2017, the Defendant was sentenced to a suspended sentence of one year for four months as a crime of escape from compulsory execution in the Incheon District Court's Branch Branch.

6. On March 21, 2018, the judgment became final and conclusive on the 29th of the same month after being sentenced to a suspended sentence of two years for a period of ten months of imprisonment for fraud in the same court.

[2] On May 27, 2016, the Defendant, “2017 Highest 4474,” issued a false statement to the effect that he/she would supply “A” food materials and industrial products, such as drinking water and canning, to E, who is an employee of E, E, a company in charge of the management of the Defendant located in Kimpo-si, Kimpo-si, and that he/she would make a false statement at the end of the month.

However, at the time, due to the overdue rent of the Marart operated by the Dispute Resolution for not less than 10 months, the lessor did not pay the amount equivalent to KRW 150 million to the lessor, and even if the goods are supplied from the damaged party due to the business difficulties of the said company, there was no ability or intent to pay the amount.

Nevertheless, the Defendant received goods equivalent to KRW 23,252,360 from the injured party and received goods equivalent to KRW 50,871,50 through 16 times in total from July 26, 2016, from that time to July 26, 2016, as shown in the list of crimes in the attached Form, including the supply of goods equivalent to KRW 23,252,360, from the injured party, and acquired them through the delivery of goods equivalent to KRW 50,871,500 through 10 times in total from June 3, 2016 to August 29, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, E, and G;

1. Complaint;

1. The trading ledger, a detailed statement, and a statement of transactions;

1. Notice of a payment order;

1. Content certification;

1. Previous convictions: The defendant's statement, inquiry about criminal history [the defendant denies the facts charged, but in light of the above evidence and the economic situation of the defendant at the time, the defendant wishes or ability to pay the full amount of the cost of goods, even if he receives goods from the victims.

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