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Reasons
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(영문) 전주지방법원 2017.02.08 2016고단1503
사기
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On October 1, 2009, the Defendant was sentenced to one year and six months of imprisonment due to occupational breach of trust, etc. by the Jeonju District Court, and the above judgment became final and conclusive on October 9, 2009.

[2] On November 14, 2008, the Defendant paid KRW 60 million including interest from the date of December 14, 2008 to December 14, 2008, to the victim D, at the office of the Defendant’s (U.S.) located in Seojin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) Office, Seoul Special Metropolitan City (U.S.).

“The purpose was to make a false statement.”

However, when the Defendant borrowed a total of KRW 60 million from E from January 2008 to October 30, 2008 but failed to repay it properly, the Defendant issued five copies of a check with a face value of KRW 1.36 billion between August 2008 and October 20, 2008, and presented for payment by the holder of the check from November 27, 2008 to December 19, 2008, but did not pay the said check payment due to the transaction suspension, and even if having received construction work with a total of KRW 240 million from F from October 10, 2008 to October 30, 2008, it was difficult for the Defendant to pay the construction price to the extent that the above construction price was not completed, the Defendant did not have an economic ability to pay the total of KRW 500,000,000 from F to October 30, 200.

Nevertheless, the Defendant, as seen above, obtained a false statement from the victim, and acquired a total of KRW 50,000 won per face value 1 and KRW 50,000 won per face value per own check on November 14, 2008 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant (including DNA statements);

1. Statement made by the police against D;

1. Complaint;

1. A work process deed, a copy of current check, and a written judgment;

1. A copy of an investigation report (attaching a final and conclusive judgment and a written decision of suspension of indictment), and a copy of a case transfer;

1. Previous convictions: Inquiry of criminal history and application of the law of investigation report (a final and conclusive judgment attachment).

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