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(영문) 의정부지방법원 고양지원 2016.06.10 2016고단405
사기
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant agreed to make Damond investments with C in precious metal, such as Damond, and C agreed to recover Damond and sell Damond at high prices through B and divide profits with C while paying Damond loans as collateral to the victim D.

On May 12, 2015, the Defendant issued 70,000 won checks and 10,000 won in cash to the victim, in the F6 store offices in Jongno-gu Seoul, Jongno-gu, Seoul. On the part of the Defendant, the Defendant received the said tea from the injured party under C’s brokerage, and the Defendant issued the Defendant KRW 1,00,000,000 at the face value of three (3) branch offices in the form of a national bank.

As above, although the Defendant was clearly aware that the above check was paid to the victim normally and was not lost, C was unable to sell the check at a high price through Amond on May 21, 2015, following C’s reduction of the arm’s length of the check, upon application by the court for a false peremptory notice procedure, in order to invalidate the check, upon receipt of a judgment of nullification, and at the police station around May 22, 2015, reported the loss of the check at 48 of the said one’s own check (R-H, I-J, K, L-M) to the Seoul Central District Court at Seocho-gu Seoul Central District Court at Seocho-gu Seoul District Court on the 26th day of the same month, and submitted a peremptory notice to the effect that the check was lost on the check at the above 48 pages of the check, and on September 14, 2015, the Defendant paid the check at the above 48th day of the judgment of nullification.

Summary of Evidence

1. Statement by the defendant in court;

1. Part D or C of the protocol concerning the interrogation of the suspect against the defendant in the prosecution;

1. Each police statement made to D or C;

1. A complaint, a business registration certificate, a copy of a check, a peremptory notice, a receipt, and a peremptory notice;

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