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(영문) 서울북부지방법원 2014.02.20 2013고단947
사기
Text

Defendant A shall be punished by imprisonment with prison labor for ten months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

"2013 Highest 947"

1. Defendants B, who committed the joint crime of the Defendants, were in the crisis of the insolvency, issued the coefficient tag and received a flaged intent to use it for the business fund, and Defendant A, knowing the circumstances of Defendant B, conspired to discount the household check to other persons, with the knowledge that the household check would not be settled normally.

At around 14:00 on May 24, 201, the Defendants made a false statement to the Jung-gu Seoul Special Metropolitan City Jung-gu Ro-ro 1, Dong-dong Branch of Han Bank, stating that “The victims E may enjoy high profits if he/she has established a set of Mat to a third party by receiving premium, and transfers it to a third party. It is necessary to establish a fund. He/she borrowed KRW 12 million as a security for five copies of the 3 million fake household check issued B. Accordingly, the Defendants would pay KRW 15 million after three months.”

However, the facts are that the defendant B had been discounted in order to prevent the default of the household checks already issued due to the insolvency crisis at the time, and the defendants had no intention or ability to settle the price index within the date of payment.

Nevertheless, the Defendants, by deceiving the victim as such, issued five copies of the household check issued by Defendant B to the victim, and received money of KRW 12 million from Defendant A to Defendant A’s single bank account as a loan.

B. At around 15:00 on June 7, 201, the Defendants falsely stated that “The Defendants will give KRW 10,000,000,000 to the victims of the household checks issued by Jongno-gu Seoul, Jongno-gu, Seoul, to the victim within one month if they block three copies of the household checks issued by B.”

However, the Defendants did not have the intent or ability to repay even if they settle the check by the victim.

Nevertheless, on June 8, 201, the Defendants, by deceiving the victims, received KRW 9 million from the Defendant’s national bank account as the borrowed money.

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