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(영문) 서울북부지방법원 2015.01.09 2014고단1450
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. The Defendant, who operates a medical device and reagents sales business, committed fraud, committed fraud with intent to resolve liability by deceiving a promissory note from the victim E, the president of the “D Hospital” that he/she became aware of while supplying clinical pathology equipment to demand payment from the customer as a result of difficulties in the financial situation of the business entity and demanding payment from the customer.

On March 21, 2013, the Defendant made a false statement to the effect that the Defendant would make a discount of promissory notes to the victim’s “hurl” at the D Hospital in the operation of the Victim E, which is in F in Nam-si, Namyang-si.

However, as above, the Defendant was planning to pay the debt using a promissory note, and even if a promissory note is delivered, the Defendant did not have the intent or ability to pay the discounted amount to the victim.

As such, the Defendant, by deceiving the victim, obtained a letter of promissory note in the amount of KRW 100 million from the victim, which is equivalent to KRW 100 million on the same day (G,H), and obtained a letter of promissory note in the amount of KRW 150 million (I) from the victim.

2. The Defendant had the intent to alter a promissory note in order to delay the payment date after receiving a discount from the J on the said promissory note received from the Defendant for alteration and alteration of securities.

On April 30, 2013, the Defendant changed “6” in the “6th of June 30, 2013” column of the due date of payment of one promissory note (bill number G, face value KRW KRW 100,000,000, June 30, 2013, issue date March 21, 2013, issuer D Hospital L, and E) delivered from E at the office of J located in Seocho-gu Seoul, Seocho-gu, Seoul, to “8”.

Accordingly, the defendant modified the bill of promissory notes in the name of D Hospital L and E for the purpose of exercising the rights.

B. The Defendant above A.

At the time, at the time, at the place specified in the Paragraph, a promissory note, which was modified, was delivered as if it were duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. E. of the witness;

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