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(영문) 대구지방법원 2009.11.12 2008고단3453
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 12, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Illegal Check Control Act at the Daegu District Court on August 12, 2008, and the said judgment became final and conclusive on August 20, 2008.

On July 30, 2007, the Defendant issued the victim C Co., Ltd. located in Seo-gu Incheon Metropolitan City, the representative director of the above company, D, the issuer E, the issue date of Oct. 3, 2007, the par value of KRW 10,40,000,000 per check number, one sheet of the number of units per check number F, issuer E, issuer E, par value of Sep. 28, 2007, par value of KRW 10,000,000 per check number G, and one sheet of the number of units per check number as the price, and “I will deliver MDF Bod, if payment is made without the mold.”

However, in fact, if the above check is issued by H, which is an actual operator of the above corporation E, the financial resources of which are difficult, the defendant would operate the household factory and would pay many profits. Therefore, it was difficult for the defendant to properly settle the check, and even if the defendant is supplied with materials because there is no other financial resources or income, there was no intention or ability to properly settle the check even if it is supplied with materials.

The Defendant, as such, by deceiving the above D and being supplied by the victim 20,400,000 won of household production materials, the market price of which is 20,040,000 won.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. A protocol of suspect examination of the police officer regarding I;

1. Each police statement of H and D;

1. A complaint, a copy of the number of units per complaint, and a detailed statement of transactions;

1. Investigative reports (Attachment of Data H submitted for reference), investigative reports (Attachment of the written decision of a reference), investigation reports (Attachment of related records), investigation reports (Attachment of related records), and investigation reports (Attachment of data submitted by a suspect);

1. Previous convictions in judgment: The application of Acts and subordinate statutes to criminal investigation reports (Attachment of judgment, etc.);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime;

1. It is so decided as per Disposition on the grounds of the latter part of Article 37 and the former part of Article 39(1) of the Criminal Act dealing with concurrent crimes;

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