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(영문) 서울중앙지방법원 2015.02.03 2013고단7983
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who operates a brued manufacturing factory with the trade name called D from Seongbuk-gu Seoul Metropolitan apartment underground shopping mall.

1. Around July 4, 2012, the defrauded stated that “The Defendant would normally settle the accounts with the victim E” at the above D plant.

However, on July 2012, the Defendant was suffering from serious financial difficulties, such as paying KRW 10 million per month only with interest on the loan interest at the time, and there was no intention or ability to settle it even if it was supplied by the victim.

As above, the Defendant, by deceiving the victim as above, was supplied with a copy of the amount equivalent to KRW 8,327,00 at the market price from July 4, 2012 to February 28, 2013, and acquired by deception.

2. From August 12, 2010, the Defendant violated the Control of Illegal Check Control Act entered into a contract with the North Korean bank in the name of the Defendant and traded household checks.

On December 23, 2012, the Defendant issued one check number “F”, “5,00,000 won” and “date of issuance” in the name of the Defendant at the above D office, and issued one check of the above bank under the name of “F”, “F”, “5,00,000 won” and “date of issuance,” and the check holder presented a check payment proposal on March 25, 2013, when the check holder presented the check payment presentation period, but the Defendant did not pay for the shortage of deposits.

In addition, the Defendant issued ten copies of the household check with a total face value of KRW 60 million from December 23, 2012 to June 17, 2013, as indicated in the attached list of crimes committed by the Defendant, and even when the check holder presented the check within the period for presentment of payment, he did not pay it on the ground of shortage of deposits or suspension of transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement of the police officer regarding E, protocol of the police officer interrogation of G;

1. The application of Acts and subordinate statutes of a copy of the supply book of one-way, each accusation of the preparation of a national bank, and an investigation report (Attachment to a list of crimes).

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