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(영문) 대구지방법원 의성지원 2017.11.09 2017고단204
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to six months of imprisonment with prison labor and one year of suspension of execution on May 19, 2012 at the Jung-gu District Court on May 11, 2012, and the judgment became final and conclusive on May 17, 2012. The above court was sentenced to four months of imprisonment with prison labor for fraud on May 17, 2012, and the judgment became final and conclusive on July 5, 2012. On January 21, 2015, the Incheon District Court was sentenced to one year and two months of imprisonment with prison labor for fraud, etc. at the Incheon District Court on April 20, 2015, and the judgment became final and conclusive on June 27, 2015.

[2] The Defendant and C, despite being aware of the fact that the promissory note was disposed of as of May 8, 201, was delivered by the Defendant and C with the face value “D”, “150,000,000 won”, “the issuer E representative director F of the Co., Ltd.”, “F of the date of payment”, and “the date of payment”, were delivered at a discount, and received the price under the pretext of receiving the payment.

C around June 8, 2011, at the I restaurant for the operation of H, a branch located in Songpa-gu Seoul Metropolitan Government, H, H makes it false to the effect that “I will deliver a promissory note to the victim J by dividing the amount of 10% interest on the face value of 150,000,000 won per week by dividing it into part, which shall be paid 10% interest on the face value of 150,000 won per week.” The Defendant brought the instant promissory note to the said restaurant and delivered it to the victim.

However, as the Promissory Notes in this case was disposed of as of May 8, 201, the Defendant and C did not have the intent or ability to discount the Promissory Notes.

The Defendant and C had the injured party remit to the account under the name of K, which is the same day, the same day, and received the said money through K, and then received the said money through K.

Summary of Evidence

1. C according to the suspect interrogation protocol (the statement of the response to the detection of the location to C) regarding C, C is prescribed in Article 314 of the Criminal Procedure Act.

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