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(영문) 서울북부지방법원 2017.02.16 2016고단5563
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 26, 1996, the defrauded Defendant used a promissory note in the name of the party to whom the funds are urgently needed, and made payments on the payment date to the victim B, at the Dong-dong office, Dong-gu, Seoul Special Metropolitan City, Seonam-gu, Seoul Special Metropolitan City, 110, and the victim B.

The phrase “ makes a false statement.”

However, the Defendant had already been liable for KRW 80 million at that time, and had been willing to use a promissory note delivered by the injured party for the repayment of other obligations, so there was no intention or ability to pay the promissory note on the payment date from the beginning.

Accordingly, the Defendant, by deceiving the victim as above, received a copy of a promissory note causing KRW 10 million from the injured party, and took profits equivalent to the amount of the promissory note due to the failure to pay the bill on the due date for payment.

2. From April 30, 1994, the Defendant violated the Act on the Control of Illegal Acceptance of Stocks, concluded a check contract with a branch of Korea-U.S. Bank and the Defendant, and traded household checks.

On October 196, the Defendant issued two copies of the instant bank bank check in the name of the Defendant, respectively, at the factory office located in Seongbuk-gu, Sung-gu, Sungnam-si, the check number “D,” the amount of the check “five million won”, the date of issuance “E”, the check number “E”, the amount of the check “five million won”, and the date of issuance “No. 11, 1997,” respectively.

The Defendant, on April 14, 1997 and April 11, 1997, within the period for presentation, failed to pay each of the above banks as a disposition of suspension of transactions, although the said checks were presented to the above banks.

Summary of Evidence

1. Statement by the defendant in court;

1. B accusation;

1. Application of Acts and subordinate statutes to each accusation and copy of a check;

1. Article 347(1) of the Criminal Act applicable to facts constituting an offense, and Article 347(1) of the Criminal Act’s choice of punishment (a fraudulent point), Article 2(2) and Article 2(1) of the former Control of Illegal Check Act (amended by Act No. 10185, Mar. 24, 2010) (a check).

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