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(영문) 서울북부지방법원 2013.09.13 2013고합219
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On September 17, 2010, the Defendant made a false statement to the victim E office operated by the victim D, Co., Ltd., Ltd. (1208 of Songpa-gu Seoul building, stating, “A bill issued by the victim company is leased because it is good for the victim company to use the bill at a high credit, and is to pay the amount of credit on credit from the customer and pay it to the money before the due date of the bill.”

However, the Defendant, at the time, experienced difficulties in operating the company due to pressure, such as reducing credit limits, from customers of G Co., Ltd., which were operated by the U.S. F, and committed a debt equivalent to KRW 4 billion, such as bank loans and bonds, and it was difficult for the Defendant to raise funds except for the so-called return to the bills issued by the victim’s operating company. Therefore, even if the Defendant borrowed bills from the victim, the Defendant did not have the intent or ability to make payment prior to the due date.

The Defendant appears to be the victim’s clerical error in the indictment, i.e., September 17, 2010, issuing date at the seat, issuer E Co., Ltd., and due date on January 28, 201, and “ January 18, 2011” in the indictment.

There is a receipt of one promissory note with a face value of 25 million won, bill number H, and a new bank with the place of payment. From around that time to January 13, 201, the phrase "I" in the attached Form No. 10 of the indictment as stated in the attached Form No. 1 in the same manner in the same manner between the time and January 13, 201 in the same manner is deemed to be the clerical error of "J".

The Promissory Notes amounting to KRW 65.8 million in total were issued 26 copies of the Promissory Notes amounting to KRW 65.8 million (the issuer E and the place of payment: the place of payment by the new bank).

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

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning D's statement of the police interrogation protocol against the defendant

1. Statement made to D by the police;

1.The application of the legislation of the Promissory Notes 1.

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