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전주지방법원 남원지원 2015.02.03 2014고단212
사기등
Text

A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, Nos. 9, 10, 11, and 12 of the [Attachment 1] list of crimes.

Reasons

Punishment of the crime

[2014 Highest 212]

1. From September 20, 1985, the Defendant violated the Illegal Check Control Act entered into a bank account agreement with the Namwon-si branch of the Agricultural Cooperatives Federation and entered into a check transaction. From January 10, 1992, the Defendant entered into a bank account agreement with the Southern branch of the Japanese Bank and entered into a check account agreement with the Namwon branch of the Japanese Bank and entered into a check transaction. On December 28, 1995, the Defendant was subject to a disposition of suspension of transaction from the said Japanese bank.

Around September 25, 1995, the Defendant issued a check number “E”, “E”, “E”, “9,452,90 won at a face value”, and “9,452,90 won at a face value” at a “D office operated by the Defendant in Nam-si, Nam-si.” Around December 25, 1995, the Defendant issued a copy of the check number per the above Japanese bank, and on December 26, 1995, the holder of the check presented a payment proposal to the above Japanese bank.

However, the defendant did not pay for the shortage of deposit.

The check number “G” is obvious that it is each clerical error as of December 26, 1995, which was the date when payment was presented, and as of December 25, 1995, which was the date when payment was made, the check number is corrected and stated.

From that time until October 25, 1995, the Defendant, as indicated in Nos. 1 through 8 of the annexed Table of Crimes (1) from that time until October 25, 1995, issued a total of eight (8) shares of each party and the coefficient, but did not pay due to the shortage of deposits.

2. On February 18, 1994, while the Defendant joined a visa card as a non-party member at the Southern Branch of the Victim North Korea Bank, and used the said visa card (credit number F), the Defendant, from around August 1995, issued a bill and check to his/her branch, provided cash loans to his/her branch by means of discount, making it difficult for him/her to pay the amount of the above bank’s operating funds, and the bill and check issued as above was also in a situation where it is difficult for him/her to pay the existing debt on the date of payment. Since the Defendant’s property and revenue alone fall short of paying the existing debt, even if using the said visa card, there was no intent or ability to pay the amount on the date of payment.

Nevertheless, it is not possible.