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(영문) 의정부지방법원 고양지원 2019.03.15 2018고단2491
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2018 Highest 2491] On December 2, 2008, the Defendant provided one copy of the per share sheet (F) equivalent to KRW 9,800,000 for the face value borrowed from E, while making a false statement to the effect that “D” operated by the victim C in Jung-gu Seoul, Seoul, would settle the check at the time of the payment on the face value.

However, in the printing business operated at the time, the Defendant continued to report the enemy and received discount from the author E several times, and was using so-called business funds in the form of return. Despite the fact that the actual issuer E of the relevant check was well aware of the risk of the default of the check even before the due date due to the lack of funds, the Defendant requested the discount of the check without notifying the victim of the urgent business funds.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 4,00,000 in the name of discount from the victim to the Suhyup Bank Account (G) around December 31 of the same year, and took over KRW 560,000 in the name of the Defendant’s bank account. The Defendant took over KRW 146,528,670 in total from August 25, 2008 to December 31 of the same year by means of the above 12 times in total, as shown in the List of Crimes, from around August 25, 2008 to December 31 of the same year.

Accordingly, the defendant, by deceiving the victims, received property or acquired property benefits.

[2018 Highest 2796] The Defendant at the “I” office of the Defendant’s operation of the Defendant located in Jung-gu Seoul, Jung-gu, Seoul, on December 2, 2008, and at the victim J’s par value of “K” issuance KRW 10,500,000.

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