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(영문) 창원지방법원 통영지원 2015.04.08 2014고단1121
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 11, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Illegal Check Control Act at the Changwon District Court on August 16, 201, and the judgment was finalized on August 16, 201.

Criminal facts

On March 16, 2010, the Defendant falsely stated that “The Defendant will complete the payment of the check up to the date of payment on the discount of the check,” with one copy of the per unit to the victim D (the payment place: Nonghyup, the check number: E, the face value of KRW 30 million) at a golf course located in C, which is located in C, a Co., Ltd., Inc., and “I will complete the payment on the discount of the check.”

However, at the time of fact, the Defendant had no intention or ability to make a settlement normally because, by issuing promissory notes and a number of shares per unit, the Defendant was under the so-called “competing” that he has repaid his existing obligations, and the amount of KRW 600 million was equivalent to his personal obligations.

Nevertheless, as above, the Defendant, by deceiving the victim, received KRW 30 million from the victim as the check discount on March 18, 2010.

In addition, the Defendant acquired 2,4150,000 won as a discount on the promissory note (payment place: Nonghyup, No. 30,000 won: F, face value 40,000 won) from the victim on March 24, 2010 from the victim in the same manner, and acquired 60,000 won as a discount on the promissory note (payment place: Nonghyup, No. G, face value 70,000 won) on May 31, 2010, and 30,000 won as a discount on the face value on June 30, 2010 (payment place: Nonghyup, No. 30,000 won: H, face value 30,000 won): each four times, and acquired 14,4150,000 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the substitute part);

1. Statement made to D by the police;

1. A letter of complaint (bills and checks);

1. Previous convictions in judgment: Inquiry, investigation report, application of Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reasons for sentencing under Article 62(1) of the Criminal Act shall be recommended.

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