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(영문) 창원지방법원 마산지원 2014.04.15 2014고정78
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 27, 2011, the Defendant was sentenced to imprisonment with prison labor for 10 months and 2 years of suspended execution in Busan District Court's branch branch offices for the crime such as violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (issuance of False Tax Invoice, etc.).

On August 19, 2010, the Defendant issued the above promissory note to the victim B, stating, “The amount of interest shall be calculated as three copies of the promissory note 20,000,000 won at a discount of one promissory note 20,000,000 issued by C, and shall be paid on November 20, 2010, which is the due date.”

However, the above promissory note was not an intention or ability to pay the due date for the promissory note because the issuer’s financial condition was unsound, and the Defendant also did not have an intent or ability to pay the due date for the payment of the promissory note in the face of KRW 100,000,000 and the bond amounting to KRW 140,000,000,00.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 18,00,000 from the Defendant’s agricultural bank account in the same day under the name of discount of notes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Copies of promissory notes;

1. Application of Acts and subordinate statutes to investigation reports (a copy of judgment);

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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