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(영문) 서울북부지방법원 2012.10.17 2012고단1566
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for one and half years, and imprisonment with prison labor for four months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. On June 4, 2010, Defendant A, who was sentenced to a suspended sentence of one year for the crime of occupational embezzlement and fraud at the Seoul Northern District Court on June 4, 2010, and is engaged in the distribution business under the name of H from the Seoul Northern District Court in the name of Ha in the name of Ha. A.

On August 4, 2010, the Defendant violated the Illegal Check Control Act entered into a check contract in the name of the provincial branch of Korea Bank and H on December 8, 201, which is represented by G and the old branch of Han Bank and G, and entered into a check contract in the name of the party unit and household check transaction.

On November 201, the Defendant issued a check number I, face value I, 5,000,000, and one copy of the check number per unit of our bank, which was the name of the H, as of December 29, 201 of the date of issuance, at H’s H warehouse office at Guri-si, Guri-si.

On December 29, 201, the holder of the check presented a payment proposal on December 29, 201.

However, the defendant did not pay for the shortage of deposit.

The Defendant, from December 2, 201 to January 31, 2012, from around 201 to around 31, 2012, the checks totaled KRW 265 million on a total of 31 occasions, such as the attached list of crimes (1), were recovered after prosecution.

However, with respect to the checks Nos. 1, 2, 3, and 20 once a year, there was no evidence to prove that M.N. is the last holder.

By issuing the household check and the number of units of shares, each holder presented it to the above bank within the time limit for each payment, but did not pay it as a shortage of deposit or a non-transaction.

B. On November 15, 201, at the above H office, the Defendant made a false statement, stating that “(1),440 won (unit price) for mobilization” (unit price of KRW 9,500) and “34,693,200 (unit price of KRW 1,430) for piracy 18,180 (unit price of KRW 1,430) shall be supplied, and KRW 35,500 (unit price of KRW 1,430) shall be issued, and the amount of the bill shall be paid at the due date for the payment of the bill.”

However, it is true that the bill is not likely to be paid at the due date.

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