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(영문) 대전지방법원 2014.05.30 2013고단3577
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 10, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Illegal Check Control Act at the Daejeon District Court on May 18, 2012, and the judgment became final and conclusive on May 18, 2012. On June 22, 2012, the same court was sentenced to two years of suspended sentence of imprisonment with prison labor for the same crime and the judgment became final and conclusive on June 30, 2012, and on August 28, 2013, the same court was sentenced to two years of suspended sentence of imprisonment with prison labor for embezzlement and became final and conclusive on September 5, 2013.

On December 2, 2010, while the Defendant, a representative director, C Co., Ltd and his wife D Co., Ltd. run the E Co., Ltd., the E Co., Ltd., the E Co., Ltd., which was the representative director, got settled on two occasions due to the failure to pay the bills of exchange, and the E Co., Ltd. was faced with financial difficulties due to the insolvency crisis, etc., the Defendant was willing to borrow money from the victim F, who was involved in

1. On January 19, 201, the Defendant issued a promissory note of KRW 22,00,000 at the face value issued by C with the victim’s payment of the Promissory Notes issued by U.S. in the U.S. Si’s U.S., the Defendant knew that the amount of the Promissory Notes would not be paid on the date of payment even if C had been paid with the victim’s payment of the Promissory Notes issued by C in the absence of the U.S. Si, the Defendant knew that “A will pay the amount of the Promissory Notes on the face value with the discount of the Promissory Notes.”

2. On May 201, the Defendant received 19,020,000 won from the victim and fraudulently acquired money from the victim, on the following grounds: (a) the Defendant did not have the ability to repay money even if she borrowed money from the victim; and (b) did not issue a promissory note due to the financial difficulties of E; (c) the Defendant borrowed money from the victim; (d) provided that “I would then pay a promissory note amounting to KRW 22,00,000 at the face value of E issued and would have to pay the money on the due date.”

3. On June 7, 201, the Defendant met the victim at the place of Buddhist land.

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