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(영문) 서울남부지방법원 2018.08.23 2018고단1040
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a substantial representative of D’s “D” and is engaged in the wholesale and retail business of penal detention.

In around 2008, the Defendant established and invested the “E Trade Company” at the Dong-si, China. However, when the enemy accumulated, the cumulative amount of KRW 1 billion in around 2010 led to management difficulties, and the above “D” also fell into management difficulties, and the Defendant was at the disadvantage of bad credit due to the obligation of several hundred million won, including the obligation to the Korea Credit Guarantee Fund at the time on August 10, 2010, and the Defendant did not have the ability to settle it even if the bill was issued to China with his family on August 10, 2010.

On August 9, 2010, the Defendant presented to the victim a promissory note of KRW 31,674,00 (I, November 30, 2010) 1 and one promissory note of KRW 48,329,000 at face value (J, December 11, 2010) at the victim’s office “H” office located in the Pakistan-si, where the customer was a customer on August 9, 2010, the Defendant was indicted by receiving KRW 57 million from the victim on the discount of the bill and receiving KRW 6,57 million from the victim on the part of the Defendant, but the Defendant was found to have actually received KRW 57 million at the non-guilty portion, as the latter was found in the non-guilty portion.

The defrauded obtained this.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the police and suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. The entry or departure status of each individual;

1. Application of investigation reports (verification of details of financial account transactions using suspects) (applicable to the statutes;

1. That the defendant did not have the intention to commit the crime by deception at the time of receiving a discount on the bill from the injured party, as to the pertinent Article of the relevant criminal facts, Article 347 (1) of the Criminal Act of the choice of punishment, and the defendant's assertion of choice of

The argument is asserted.

The above-mentioned evidence is presented.

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