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(영문) 서울북부지방법원 2013.07.12 2013고단578
사기
Text

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

except that 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 May 201, the Defendant had no particular property and had a debt of 500 million won to banks and credit service providers, etc., and even if a bill is issued to victims D, it was difficult to settle it normally by the due date.

Nevertheless, around May 11, 201, the Defendant issued four copies of bills to the victim four times from around Mapo-gu Seoul, and acquired the total sum of KRW 108,793,000 from the victim to June 13, 201, as indicated in the attached list of crimes including the issuance of one promissory note (bill No. 1) in the name of the Defendant at the National Bank (hereinafter “The Promissory Notes No. 30,82 million won”) in the name of the victim, stating that “the financial situation of the company is difficult.” If a bill is discounted, the Defendant would be able to settle the bill without a clear definition within the due date, and received KRW 108,793,00 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act ( comprehensively considering all the circumstances, including the fact that the defendant has agreed to repay the whole principal and interest of the fraud of this case to the victim);

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