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(영문) 수원지방법원 2016.06.09 2015고단6265
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 30, 2014, the Defendant committed the crime, around 11:00 on October 30, 2014, to the representative director of the Guro-gu Seoul Metropolitan Government D Co., Ltd. for the victim D Co., Ltd. of the victim of the victim of the 10th century, “on the loan of a promissory note, at a discount, pay the remainder by immediately paying KRW 100 million to the damaged

“.” The purport was “.

However, the defendant did not have the intent or ability to pay KRW 100 million to the victim company because he/she is expected to use the bill as wages, etc. even if the bill is discounted.

As such, the Defendant, by deceiving E, received from E a promissory note with a face value of 290,400,000 from the issuance of the Victim Company.

2. On March 11, 2015, the Defendant committed the crime: (a) around March 11, 2015, at the office of the victim company, there is no fund for the settlement of bills, such as promissory notes, etc. already issued at home, to E by the representative director E.

In addition, the bill is used for the collection of the bill on the face of the issuance of the bill, and the bill is collected on the payment date.

“........”

However, the defendant was expected to pay 90 million won out of the discount of the bill issued as above to the defendant's debt guaranteed by the defendant's Dong F, and the defendant's company was obligated to pay 1.6 billion won of the debt guaranteed by the defendant's Dong F, and the 700 million won of the debt guaranteed by the defendant's company did not have the intent or ability to pay the bill as the payment date arrived.

As such, the Defendant, by deceiving E, received from E a promissory note with a face value of 190,300,000 from the issuance of the Victim Company.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes on a written complaint and a statement of transaction by account;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting a crime. Article 347 (Selection of Imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (this paragraph)

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