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(영문) 대구지방법원 서부지원 2014.01.07 2013고단929
사기
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2013, the Defendant was sentenced to one year to a violation of the Illegal Check Control Act by the Daegu District Court on August 23, 2013, and the judgment became final and conclusive on October 23, 2013.

The Defendant, as the representative director of (State)D in Daegu-gun Group C, was maintaining a mutually related transaction of money by borrowing cash from the victim G who was operating the (State) F from early police officer from early 2010 to April 201, and delivering to the victim a promissory note and a check of the number of units issued in the name of the Defendant as a collateral, as well as a check issued in the name of the Defendant.

Around June 1, 2011, the Defendant made a false statement to the victim that “I will complete the payment if I lend money to the Defendant on the due date of promissory notes issued and used at home and the per share sheet, because there is a shortage of funds to pay due to the shortage of funds.”

However, in fact, since around 2010, the Defendant, who had no particular property, issued a check of the number of units per annum equivalent to KRW 1.1 billion as the financial situation of the said state that the Defendant had been operated from around 2010, and that the said state bears the guarantee liability equivalent to KRW 450 million, and there was no intention or ability to repay even if he borrowed money from the victim.

The Defendant, after deceiving the victim as such, received a remittance of KRW 3.5 million from the victim on the same day, and received a total of KRW 231,620,000 from the above date to October 20, 201 as indicated in the list of crimes in the attached Table, as well as from the above date to October 20, 201.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each police suspect examination protocol against the accused (including each part of the statements made byG and H);

1. Each police statement with respect to G, -A Credit Inquiry Report, - (State)D Financial Records

1. A H statement;

1. A complaint, - Cash Storage Certificates, - Certificates of Seal Imprints (A), - Certificates of Seal Imprints (417,00,000) - No. 875 of 201, - No. 875 of 2011.

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