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(영문) 서울남부지방법원 2016.01.14 2015고단4855
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

An applicant for compensation shall be dismissed.

Reasons

Criminal facts

The defendant around January 21, 2015, at the office of D Co., Ltd. operated by the defendant in Guro-gu Seoul Metropolitan Government, the defendant would make a settlement of bills on the payment date on which the bill is discounted.

“.” The purport was “.

However, in fact, since January 2015, the Defendant was unable to pay employee benefits to the extent that it was unable to properly receive employee benefits due to the failure of the transaction company to pay the goods due to the failure of the transaction company. The Defendant had the intent to pay the Promissory Notes issued prior to the amount of money received from the injured party with the so-called “return prevention” form, and there was no intention or intent to pay the said Promissory Notes normally even if receiving the discount amount from the injured party.

Nevertheless, the Defendant, as seen above, received KRW 30,320,000 from the injured party on January 21, 2015, such as by deceiving the injured party and receiving KRW 30,320,00 from the injured party for the discount of the bill, by the following method until March 10, 2015, the Defendant acquired KRW 156,109,60 in total five times from the injured party under the pretext of the discount of the bill.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police against B;

1. Application of statutes governing certified copies of each real estate registry;

1. In addition, Article 347(1) of the Criminal Act, comprehensively including the pertinent legal provisions on criminal facts, the grounds for sentencing [the scope of recommendation] [the grounds for sentencing [the scope of punishment by imprisonment] under Article 347(1) of the Criminal Act (the general fraud [the scope of punishment is not less than 100 million won, less than 500 million won]: There is no person who has been sentenced to a special sentencing] from one year to four years [the decision of sentencing] [the reason for the crime of this case, the amount of damage, whether damage has been recovered (the fact that the defendant deposits 30 million won for the victim after the closure of pleadings of this case, and that the victim has secured a debt by filing a lawsuit demanding payment of a bill against some issuers of the bill]

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