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(영문) 대전지방법원 천안지원 2014.06.13 2013고단1750
사기
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The Defendant, who was a managing director C, was liable for KRW 30 million to D. D, and D transferred the above claim against the Defendant to the victim on March 2012, 201, when it was under trial due to fraud against the victim E.

On March 6, 2012, the Defendant issued to the victim a letter of commitment a promissory note note 30 million won at the face value of the Defendant’s name on May 31, 2012 and a letter of confirmation of payment to the victim on the following grounds: (a) on March 6, 2012, the Defendant had a debt of KRW 30 million to D; (b) on behalf of D, there is a new construction of a F factory in progress in C (State); and (c) on the other hand, upon the payment of the construction cost, there is a request to prepare a written agreement on D until May 31, 2012.

However, in fact, the defendant had no particular property at the time, and the F Factory Construction Corporation had already been interrupted at the end of May 31, 201 due to the lack of funds, and there was no intention or ability to pay 30 million won to the victim until May 31, 2012.

The Defendant, by deceiving the victim as such, had the victim postponed payment of KRW 30 million, which has already been due, until May 31, 2012, which is the new due date for payment, and acquired pecuniary benefits therefrom.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement by the prosecution concerning D;

1. Written confirmation of payment, promissory note notarial deeds and transfers of claims;

1. A written confirmation, a report on the date of property name;

1. Application of Acts and subordinate statutes to each investigation report (the answer to the H-general telephone in charge of Chungcheong viewing G and the reference-I telephone answer);

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Determination as to the assertion of the Defendant and the defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The victim shall belong to the defendant and shall be 30 million won.

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