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(영문) 부산지방법원 2013.10.10 2012고단10517
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who has operated (State)C together with B as an accomplice.

On March 5, 2012, when the settlement date of a promissory note issued by the Defendant was set at the situation in which creditors such as D et al. are urged to pay, the Defendant offered to the victims E the payment of the said promissory note by urginging the payment of money to change the settlement price of the Promissory Notes, “F”, “F”, “53 million won”, “F”, “F March 3, 2012,” “F”, “F”, “F date”, and “F3, 2012,” and “F”, which are the settlement date of the said Promissory Notes issued by the Defendant to be used for the settlement of other promissory notes issued by the Defendant and the repayment of obligations to the creditors.

On March 5, 2012, the Defendant and B received the payment of the said Promissory Notes from the victim at a place lower than Busan (hereinafter referred to as “SP”) but did not have the intent or ability to use the said money for the settlement of the said Promissory Notes, the Defendant and B received the payment by telephone from the victim several times, and received the payment of KRW 55,00,000,00 from the victim on a five-time basis (53,000,000 from the face value at which the due date comes on March 5, 2012). The Defendant and B received the payment from the victim on a five-time basis as the payment of the said Promissory Notes.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police statement of E;

1. Complaint;

1. Application of the Acts and subordinate statutes governing promissory notes, copies of passbooks, and trading protocol;

1. It is so decided as per Disposition on the grounds that the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, the choice of punishment for a crime is higher than imprisonment (in consideration of the fact that the amount of damage is heavy and no recovery from damage is made);

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