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(영문) 의정부지방법원 2013.05.23 2012고정2172
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 3, 2012, the Defendant made a false statement that the Defendant discounted the victim D to KRW 17,963,00 of the electronic bill to KRW 2.4% from the office of the Defendant’s management in the Gyeonggi-si Government of the Gyeonggi-si on July 3, 2012, although the Defendant did not have the ability or intent to discount electronic bills.

In addition, in the end, the victim received the electronic bill immediately from the victim and paid only 5 million won, and acquired the remaining 11,037,366 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the entry, withdrawal, transactions and inquiry;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The defendant and his/her defense counsel's assertion on the defendant and his/her defense counsel under Articles 70 and 69 (2) of the Criminal Code of the Labor House Detention Act asserted that the defendant and his/her defense counsel had the victim's ability to repay and intent to repay at the time of issuance of the bill, and attempted to pay the discount of the bill after checking the fact due to bad credit standing of the bill. Thus, the defendant and his

In accordance with the evidence duly adopted and examined in this court, the Defendant operated credit business by receiving money from E that actually provides financing whenever a bill is discounted, rather than operating credit business with the money owned by himself, and paying discount money to the bill holder. On the day of the instant case, the Defendant agreed to pay immediately all of the discount amount of the bill of this case to the victim. On the day of the instant case, the Defendant was paid KRW 16,117,602, which is the discount amount of the bill of this case from E, but the amount belongs to the victim and deposited KRW 5,00,000,000,000,000 won, among the money received from E, was used for the repayment of the Defendant’s personal debt, and the Defendant received the bill of this case at the time.

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