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(영문) 청주지방법원 2014.05.29 2014고정375
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 4, 2013, the Defendant stated that “The Defendant borrowed money to offer 30 million won a promissory note as security at a coffee shop on the first floor of a cross-city bus terminal located at the original city level.” This promissory note is a true bill which is made within the construction and received from the customer, and is not an absolute due date because the payment for the settlement of the promissory note is deposited in the account of the company issuing the promissory note.” The Defendant stated that “The payment for the payment of the promissory note shall be made after deducting money from the bank received money from the bank.”

However, in fact, the above bill brings about the defendant's explanation of the discount of the bill from C, which is the main place of the defendant, and the defendant had been aware that there was no possibility of approval of the bill at the time of payment, and even if the bill was borrowed money from the victim due to the lack of assets in possession at the time, there was no intention or ability to pay the bill.

Around February 5, 2013, the Defendant: (a) by deceiving the victim; (b) received KRW 5 million from the victim; (c) KRW 1 million from the account under the name of the Defendant; (d) KRW 1 million from February 6, 2013; (e) KRW 50,000 around February 23, 2013; (c) KRW 70,000 around March 10, 2013; (d) KRW 50,00 around March 12, 2013; and (e) KRW 200,00 around March 14, 2013; and (e) KRW 50,00 around March 19, 2013; and (e) KRW 150,00 around March 25, 2013; and (e) KRW 67,00,000 on March 28, 2013.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement by the prosecution against C;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a detailed statement of account transactions (No. 2) , promissory note, investigation report (verification of the date of suspension of DNA current account transactions), investigation report (to be heard by a complainant), investigation report (to be heard by a complainant), and the filing of text messages;

1. Criminal facts;

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