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(영문) 대전지방법원 2013.10.22 2013고단2520
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. The fraud Defendant is a person who runs a false wholesale and retail business with the trade name of “stock company E” in Daejeon-gu Daejeon-gu, Daejeon, and engaged in goods transaction with “G” in the operation of the victim F.

Around February 16, 2001, the Defendant made a false statement to the effect that “The Defendant would make payments with promissory notes and the watch of the number of shares, if the Defendant supplied the victim with goods that need to be supplied to school meal facilities.”

However, in fact, the Defendant did not have any assets by investing in other businesses, and even if there was a shortage of funds, the Defendant issued bills, etc. in other transactions, and thus, was unaware of the time when the said bills were defaulted, and thus, there was no intention or ability to pay the said bills, etc. even if the said promissory notes, etc. were supplied with goods from the victim.

The defendant is supplied with goods equivalent to KRW 8,253,00 on the same day from the victim, and the same year.

4. There was around 16.16. Supply of goods equivalent to KRW 8,190,000.

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

2. From April 27, 1998, the Defendant violated the Control of Illegal Check Control Act entered into a check contract with the three Industrial Bank of Korea branch offices and the Defendant in the name of Seo-gu Daejeon-dong, Daejeon-dong 81-1, and entered into a check contract with the Defendant.

On February 16, 2001, the Defendant issued a check number “H”, the check amount “4,253,000 won”, and the date of issuance “F. 16, 2001” in the name of the Defendant at the above E office.

On June 16, 2010, the holder of the check presented the payment order to the above bank on June 16, 2010.

However, the Defendant did not pay the shortage of deposits, and as to each check listed in [Attachment 1, 3, 6, 7, 9, 11, 12, 14, 16, 20, 23, and 30 of the list of crimes committed in [Attachment 1], 3, 6, 7, 9, 11, 12, 14, 16, 20, 23, and 30 of the face value of the Defendant’s name, it was excluded, and

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