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(영문) 의정부지방법원 고양지원 2014.07.17 2013고단1556
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From around 2010, the Defendant operated a company by issuing a promissory note under his/her own name and receiving a discount, and settling another promissory note which has come due to the due date of payment. From June 2012, the management status has deteriorated, selling part of the business to others on August 2012, 2012, defaulting on taxes on September 1, 2012, and extended the due date for repayment on September 11, 2012, despite the due date for repayment of loans of KRW 290 million to the Korea Sslick Bank, the Defendant did not pay the outstanding due date for payment. On October 2012, 2012, the due date for payment of a promissorysory note of KRW 60 million, which was issued four months prior to the due date for payment, but there was no economic difficulty, such as extending the due date for payment, and even if a new promissory note is issued and delivered, it did not have the ability to do so.

Nevertheless, on July 18, 2012, the Defendant made it false to the victim F to the effect that the Defendant would make a discount of the Promissory Notes issued by the Defendant’s (ju) D, which was operated by the Defendant, paid without recourse on the settlement date, and received from the victim KRW 480,214,000 in total under the name of 22 times as shown in the attached Table of Crimes, including transfer of KRW 21,50,000, excluding the above E’s fees, out of the discount of the discount of the Promissory Notes issued by the Defendant, to the victim F, from around that time.

Summary of Evidence

1. Each statement made by witnesses E, H, I, F, J, K and L in the third protocol of trial;

1. Reporting on investigation (Submission of Materials for Suspect);

1. Full certificate of the registered matters;

1. Mark of passbook;

1. Details of each payment and bill, and grounds for each payment on a discount;

1. Each Promissory Notes (Nos. 7, 10, 13, 16, 19, 43, and 46, No. 7, 10, 13, and 46, No. 7,

1. The details of transactions; and

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