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(영문) 인천지방법원 부천지원 2019.08.09 2018고단2776
사기
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

[Criminal Power] Defendant B was sentenced to three years in Seoul High Court on April 29, 2016 to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).

7.29 The above judgment became final and conclusive.

【Criminal Facts】

Defendant

B is the representative of C Co., Ltd. (hereinafter referred to as “C”).

The Defendants, even though one copy of the Promissory Notes (B/L No. D, May 21, 2014, and August 25, 2014, hereinafter “instant Promissory Notes”) issued by C for its own financing capital, were used to borrow money and use it in installments, even if it was not possible for C to pay the due date.

Defendant

B On May 2014, B delivered the Promissory Notes to Defendant A through E and F for financing the instant Promissory Notes. Defendant A sent the instant Promissory Notes to the Defendant, and Defendant A received the instant Promissory Notes from the J (hereinafter “J”) operated by the victim H of the victim H in Masung-si, and concluded the instant Promissory Notes and received the instant Promissory Notes as collateral, and Defendant B made a false statement that “The instant Promissory Notes will be repaid three months after lending money to the Plaintiff as collateral.” Defendant B received from the victim the phone on whether the instant Promissory Notes is a normal Promissory Notes and made a false statement that “The instant Promissory Notes is a normal Promissory Notes.”

However, in fact, the Defendants did not have been able to settle the instant promissory note on May 28, 201, and the instant promissory note, which was offered as security to the victims, was not a bill of exchange, but a bill of exchange, which was acquired in terms of the terms of the contract for cooling and heating systems. Meanwhile, at the time, C had a very worse financial condition, and C was unable to settle the instant promissory note on the date of payment due to its bankruptcy on May 28, 2014.

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