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(영문) 대전지방법원 천안지원 2018.11.30 2018고단1173
사기
Text

Defendant

A A shall be punished by a fine of five million won, by imprisonment with prison labor for up to eight months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

A is sentenced to ten months of imprisonment on May 12, 2017 due to a violation of the Illegal Check Control Act, etc. by the Suwon Franchisor, and on July 27, 2017, the bill of indictment of the case 1173 Godan 1173, the final date of the judgment is indicated as “ May 21, 2017.” However, it is obvious that this is a clerical error in the bill of indictment of the case “ July 27, 2017.”

On November 9, 2016, Defendant B was sentenced to imprisonment with prison labor for a violation of the Illegal Check Control Act on the support of the Sugwon method, and on May 20, 2017, Defendant B entered the bill of indictment for the 1173 case at the order of 2018 Godan decided on May 20, 2017 in the bill of indictment, but it is obvious that the final date of the judgment is “v. 21, 2017.” However, it is obvious that it is a clerical error in the bill of indictment “ May 20, 2017.”

The judgment became final and conclusive.

Defendant B is a person who manages F's funds, a distributor, and Defendant A is a representative director of F's corporation.

When the Defendants were unable to repay the money for the current account and promissory note issued in the name of F, the Defendants were able to pay the money for the current account and promissory note issued in the name of F, with an intention to additionally issue the check and lend money for the security.

Accordingly, around May 2, 2014, the Defendants, through I, from the victim H’s house located in Geumcheon-gu Seoul Metropolitan Government Geumcheon-gu, to the victim H, “There is a check of KRW 100 million per face value of F issuance of Co., Ltd., which is a check of KRW 100 million per face value, will be repaid 45 days after lending money to the victim H as security.

“A false statement” was made.

However, the Defendants had no intention or ability to pay the face value of the check on the agreed date, even if the check is issued to the victim H because there was no special property or income.

As above, the Defendants deceptioned the victim H and transferred from the victim H the amount of KRW 50 million under the pretext of a discount on the check of the political party around May 2, 2014, and KRW 18 million under the same name as around May 3, 2014, to the Nong Bank in the name of the Nong Bank, Inc.

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