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(영문) 서울중앙지방법원 2016.12.06 2016고정3145
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 1, 2013, the Defendant was sentenced to one year of imprisonment with prison labor at the Busan District Court for fraud, etc., and the judgment became final and conclusive on February 9, 2013.

B is a person registered as an auditor of C (the representative director: D; hereinafter referred to as "C") with the purpose of steel wholesale and retail business, etc. from June 30, 201.

On July 21, 2011, the Defendant made a false statement to the effect that, in collusion with B, at the office of electronic parts company operated by G, the representative director of the victim F Co., Ltd. F (hereinafter referred to as “F”) on the tenth floor of the Seocho-gu Seoul E building (hereinafter referred to as “F”) G, the Defendant would make a false statement to the effect that “50% of the amount discounted by discounting this bill to the bill issued by the KFC, shall be paid to the KF and the remainder 50% shall be paid to the KF.”

However, the defendant and B did not have any property. Even if the bill is endorsed in the name of the victim, the above victim did not have any intent or ability to receive a discount of the bill and pay half of the price.

The Defendant and B, as above, deceiving the victim and let the victim end up to this day endorsement each of five copies of promissory notes issued by the Dispute Resolution Co., Ltd. on the same day (bill number: H-I and J), and did not pay the agreed discount amount.

As a result, the defendant and B conspired with the above victim F to pay the amount of KRW 250,000,000 to the above victim F, thereby acquiring financial profits equivalent to that amount, or acquiring financial profits from the issuer of the above Promissory Notes C.

Summary of Evidence

1. Defendant's legal statement;

1. Some statements of the suspect interrogation protocol of the defendant and the defendant B by the prosecution;

1. The police statement concerning G;

1. A copy of a letter of payment;

1. Copies of promissory notes;

1. Previous convictions: Application of the Act and subordinate statutes to search cases (insan 12No3388), investigation reports (in case of a suspect A, a separate judgment, and attachment of indictments);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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