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(영문) 서울중앙지방법원 2015.12.15 2014고단9618
사기등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

"2014 Highest 9618"

1. From around 1995 to January 1, 1997, the Defendant operated the “D” of the clothing selling company in Seocho-gu Seoul Metropolitan Government.

On September 25, 1996, the Defendant made a false statement to the victim E at the above D office stating that “D owns a 6th floor above the ground level of the first floor and, if the capital is distributed smoothly, if the original body is delivered on credit, the payment will be settled with a bill and the bill will be settled on the payment date.”

However, in fact, the Defendant borrowed the amount equivalent to KRW 450,000 from the above company’s funds to the needy, but the Defendant failed to recover the loans properly, and the company’s financial status has been extremely difficult from August 1996 to the company, and accordingly, opened up the bonds and prevented the default of bills. Therefore, the Defendant did not have the intent or ability to pay the bills normally even if he was supplied with the original body of the goods by the victim.

Around that time, the Defendant received from the victim the original body of 136,845,650 won in total of the market price, and was supplied with the original body or clothes equivalent to the total market price of 231,170,850 won from around the above date to November 16, 1996 by the following methods: (a) the Defendant was supplied with the original body or clothes equivalent to the total market price of 231,170,850 won from the four victims.

Accordingly, the defendant was provided property by deceiving the victims.

2. From June 23, 1995, the Defendant violated the Illegal Check Control Act entered into a check contract with the Bank of Korea branch from January 11, 1996, with the Chungcheong Bank’s new branch and the Han Bank’s new branch from January 13, 1996, and from April 13, 1996, each check contract entered into with the U.S. Bank’s main branch and traded the number of shares.

The Defendant issued a check number F, par value F, 150,00,000, and a copy of the check number per page as of January 20, 1997 of the date of issuance at D offices as stated in Paragraph (1) around December 1996 and presented a payment proposal on January 20, 1997 within the time limit, but did not receive due to the suspension of transaction.

The defendant shall be the defendant.

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