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(영문) 서울동부지방법원 2013.05.30 2013고단771
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 March 22, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for alteration of securities, etc. at the Seoul Eastern District Court on March 22, 201, and the judgment became final and conclusive on March 30, 201, and on November 16, 201, the Defendant was sentenced to two years of suspension of execution, etc. at the Seoul East Eastern District Court on April 201 and was sentenced to two years of suspension of execution on November 24, 201.

Criminal facts

1. On October 5, 2010, the Defendant, at the D office operated by the Defendant in Songpa-gu Seoul Metropolitan Government, sent a false statement to the victim E to the effect that “The Defendant would make a settlement of the promissory note discount received at the trading office without any framework on the face-to-face payment date.” On January 15, 2011, the Defendant sent a note 1, “The amount of KRW 28.5 million at face value on January 15, 201, of the due date for the issuance of G representative director G representative director G, Inc., a company bank F., to the victim through Kwikset Services

However, in fact, since the above bill was issued in a large amount for the purpose of intentional default, there was no intention or ability to settle the above bill even if it was delivered money from the victim.

Nevertheless, around May 28, 2010, the Defendant, by deceiving the victim as such, received 21,361,000 won as a discount from the post office in the name of the Defendant to the post office in the name of the Defendant.

2. On March 2, 2011, at the D office operated by the Defendant in Songpa-gu Seoul Metropolitan Government, the Defendant: (a) sent from I, on February 10, 201, a copy of a promissory note with the face value of KRW 29.5 million in the name of the issuer J Co., Ltd. (K) in the name of the issuer on February 10, 201; and (b) made it possible to view the Defendant as the original of the Promissory Notes.

Accordingly, the Defendant forged a promissory note in the name of JJ Co., Ltd. for the purpose of exercising its rights.

3. On March 2, 2011, the Defendant does not pay money to the victim at the above D office with interest to the victim by telephone.

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