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(영문) 울산지방법원 2016.08.23 2015고단674
사기
Text

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

Reasons

Punishment of the crime

On July 10, 2009, the Defendant was sentenced to a suspended sentence of two years for the violation of the Commercial Act by the Ulsan District Court on August 10, 2009, and the judgment became final and conclusive on November 22, 201.

"The defendant of the 2015 Highest 674" was at the D office operated by the defendant in Ulsan-gun C around December 13, 2008, the victim E “The F is faced with the financial pressure of the domestic waste disposal business entity F is faced with the financial pressure, and the debt may be repaid and the company may be normalized with the loan of money.

On the face of the check, at the discount of another person on the face of December 30, 2008, the sum of KRW 50 million shall be repaid first and the remaining amount shall be refunded until March 31, 2009, which is the settlement deadline.

“A false statement” was made.

However, even if the defendant discountedly uses the check by receiving the check from the injured party, the defendant did not have any intention or ability to change the check from time to time.

In other words, the Defendant, by deceiving the victim, obtained a copy of the check number G, face value 98,600,000, and the issuer H Co., Ltd. from the victim on the face, and acquired it by deception.

On December 2008, the Defendant presented one copy of the check to the victim I at the agricultural financial branch in Ulsan-gu, Ulsan-gu, U.S., Ulsan-gu, U.S., U.S., and asked the victim I to transfer the said check (a week) operated by the Defendant, and to discount the check paid as the down payment. The victim does not discount the check. Therefore, the Defendant requested the victim to request the discount of the check to deliver the check to the victim as security.

In addition, the victim, who entered into a sales contract with K Co., Ltd. which actually operated by the Defendant, requested that “the number of notes shall be obtained as security, and the bill shall be issued and different in its responsibilities.” The victim shall issue promissory notes, the face value of which is the same.

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