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(영문) 서울서부지방법원 2014.01.21 2012고단1630
사기
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 24, 2011, the Defendant was sentenced to a suspended sentence of 8 months in Seoul Central District Court for a violation of the Illegal Check Control Act, and the judgment became final and conclusive on December 2, 2011.

From around 202 to November 2010, the Defendant: (a) had been engaged in the clothing business under the name of the Defendant’s wife D; (b) had been placed in the crisis due to the Defendant’s failure to prevent the payment of the check amount issued; (c) had been placed in the default; (d) had the Defendant issued and discounted checks in the name of the said stock company, which are anticipated to be refused to pay, thereby raising funds by receiving the discounted amount; and (d) had been recruited to collect the discounted amount by discounting checks in the above manner with the wife D.

1. On August 25, 2010, the Defendant concluded on August 25, 2010 that, “Around August 25, 2010, at the office located in F of the window of Changwon-si, the Defendant borrowed money to the Victim G, “after payment has been made, the Defendant would be able to pay the money sufficiently after three months since it would be able to pay the money. If the money is short of the money, the Defendant would be able to pay the money sufficiently after three months, and the Defendant would lend at the Bank of Korea, face value 25 million won at the face value, and at the face value of 25 million won at the issuer (ju), the representative director D on November 25, 2010.”

However, the fact is that the (State) EE was unable to pay the check price that was already issued and the price of the goods deposited in the said Home Plus is expected to be used to pay the check price, and there was no intention or ability to pay the discounted amount borrowed from the victim due to the lack of assets.

The Defendant, as such, by deceiving the victim, received KRW 18.7 million from the victim’s check discount.

2. The Defendant’s fraud on August 31, 2010, around August 31, 2010, is a bank of Korea, face value 20 million won at the coffee shop in the Masan-dong, Msan-si, Msan-si, and the issuer (State) E in the same manner.

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