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전주지방법원 군산지원 2013.06.19 2012고단406

A defendant shall be punished by imprisonment for six months.


Punishment of the crime

1. On August 26, 2009, the Defendant received a request from the victim E to change the face value of KRW 30 million issued by the representative G of the F company from the victim E at the office of the D Co., Ltd., Ltd. located in the Kunsan-si, Sinsan-si, and the due date for payment on October 31, 2009, and the bill number H one at a discount.

While the Defendant kept the said Promissory Notes at a discount on behalf of the victim, on September 2009, the Defendant received the said Promissory Notes at a discount from the representative of the J company I located in Sinsan-si, Kunnsan-si, and delivered the said Promissory Notes to the victim. The remaining amount of KRW 20 million was set off by the Defendant’s arbitrary set-off under the name of wage payment that the Defendant shall pay to K.

2. Around July 2009, the Defendant made a false statement to the victim N in a M restaurant located in the Masan-si L, Masan-si, that “it is necessary to receive money to receive the construction of the O welfare center. At the latest, the Defendant borrowed only KRW 20 million which is paid and paid off.”

However, at the time, the defendant did not have ordered the construction of the O Welfare Center, and there was no revenue expected to have been paid in the amount of 20 million won, and there was no intention or ability to repay from the victim within the agreed period, even if he borrowed money from the victim.

On August 4, 2009, the Defendant, by deceiving the victim as above, received KRW 15 million from the victim the Defendant’s agricultural bank account (P).

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to N and E;

1. Relevant provisions of the Criminal Act, Articles 347(1) and 355(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Basic crimes among concurrent crimes: The reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [decision of types]: Fraud (general fraud, type 1): Breach of Trust (less than KRW 100,00, less than KRW 1000, and type 1] basic crimes: Imprisonment with labor for not less than six months but not more than one year and not more than six months: Imprisonment with labor for not more than four months and not more than one year and not more than four months;