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(영문) 서울서부지방법원 2014.10.16 2013고단2526
사기등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Of the facts charged in this case, the check section 25 of the attached list of crimes is also the same.

Reasons

Punishment of the crime

[2013 Highest 2526]

1. On June 3, 2008, at a restaurant where it is impossible to know the trade name in Yongsan-gu Seoul Metropolitan Government Han River-ro 3, the Defendant: “D Co., Ltd. (hereinafter “D”) for the victim C, the representative director of which, in Seoul, is a company required within the five trokesing in the field of postal item business in Seoul; and at least 30 million won in a month, and there is a good business prospect in the future. There is no money for the trader. In this context, the principal shall be repaid until December 3, 2008, and the interest shall be paid without 200,000 won per month.”

However, even if the defendant borrowed money from the victim, he did not have any intention or ability to repay the principal and interest.

The Defendant, by deceiving the victim as such, received KRW 100 million from the victim’s account under the name of the Defendant on the same day.

2. On December 9, 1998, the Defendant violated the Illegal Check Control Act entered into a check contract with a new bank in the name of the Defendant and entered into a check contract with a new bank affiliated with a new bank.

On July 14, 2008, the Defendant issued one check number “F”, “8,185,430 won”, “8,430 won”, and “date of issuance” under the name of the above company, at D offices located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and “No. 14, 2008.” On October 14, 2008, the holder of the check presented the check payment to the above bank on July 14, 2008, but the Defendant did not pay the check due to the shortage of deposit, from that time until September 30, 208, the Defendant issued the check number 1 through 7, 9,10, 13, 15, 22 through 24, 26 through 29, 35 through 59 each time and paid the check within the total face value of 46 times in total, but the check holder could not pay the check within 83,578,740 each time limit of deposit.

[2013 Highest 3509] The defendant is a victim at the D office on January 19, 2007.

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