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(영문) 서울서부지방법원 2018.03.07 2017고단1899
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Records】 On September 21, 2016, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution due to the charge of forging securities at the Seoul Southern District Court, and the judgment became final and conclusive on the 29th day of the same month.

【Co., Ltd., the victim of the crime, E, on July 9, 2013, issued a promissory note (hereinafter “instant promissory note”) with a face value of KRW 231,00,000,000 for the purpose of raising business funds, and requested the discount of the said note to G managing the F.

G requested H to discount of the Promissory Notes, H to H, and H to J, while J to request K to find persons who will discount the Promissory Notes in order, and to request K to discount the Promissory Notes, and to receive each introduction fee when the Promissory Notes is discounted.

On July 19, 2013, the Defendant received a question from K as to whether the bill of this case may be discounted, and the Defendant would pay a discount when sending the bill.

A false statement was made.

However, the Defendant was unable to pay the price for the goods to the business partners due to the difficulties in the operation of L, which he operated, and was unable to pay the discounted promissory note upon request from other companies. Even if the instant promissory note was issued by the victim company, it was intended to deliver it as the price for the goods to the friendly industry, which is the business partner of the company operated by the Defendant, and there was no intent or ability to pay the discounted note to the victim company.

On July 29, 2013, the Defendant acquired the instant bill owned by the Victim Company through G’s F Co., Ltd., which is operated by G, from the E who received a successive contact through K, J, I, H, and G in order.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made to the defendant in the protocol of interrogation of the suspect by the prosecution (including each statement made by E, J, H and G);

1. Protocols concerning the examination of suspects by the prosecution against G, J and I;

1.With respect to G and J.

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