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(영문) 의정부지방법원 고양지원 2019.03.26 2018고합123
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

Around December 7, 2016, the Defendant presented a letter of endorsement of electronic bills equivalent to KRW 50,000,000 issued by D, to the victim C, and offered that “The Defendant shall acquire the electronic bill in the name of the wife E, and transfer the right on the face value at a rate of 0.7% per month below the face value. The bill at a discount on all responsibility will be left to B. It will be left to B.),” and at the bottom of the detailed statement of the electronic bill, the Defendant agreed to deliver the document at the request of the victim, “I will proceed with and keep the commercial bill under the principal’s warranty liability.” At the request of the victim, the Defendant agreed to transfer the relevant bill to the victim or pay the amount equivalent to the face value at the expiration of the due date.”

However, at the time, the defendant stated that the total face value of the previous bill was about KRW 1,350,000,000,000 in the bill of indictment, which he had accepted while engaging in the bond business, but corrected according to the result of the examination of evidence to the extent that it does not interfere with the defendant's right of defense.

(See Decision 2-A as to the assertion of the Defendant and the defense counsel). Although the Defendant did not have certain income or special property in a very poor financial condition, such as dishonoring the debtor and his defense counsel, and was engaged in bond business in the method of returning the so-called debt, it was difficult to repay the debt in the way of the so-called refund, the Defendant requested the discount of the bill as if the Defendant were engaged in the normal business after hiding the victim, and even if the Defendant received the discount of the bill from the victim, he did not have the intent or ability to endorse the bill to the victim or pay the amount equivalent to the face value

The defendant deceivings the victim as above and belongs to it on the same day.

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