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(영문) 서울북부지방법원 2016.04.28 2016고단717
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 21, 2014, the Defendant, at the office of the Victim BF located in Gyeonggi-do, deposited the amount of a promissory note issued by the Plaintiff as “BG”, “50 million won”, “the date of issuance”, “the date of issuance”, “the date of April 24, 2014”, and “BH’s issuance of a promissory note as of April 21, 2014” in the office of the Victim BF located in Gyeonggi-do, Si-do, and then deposited KRW 50 million with the bank, instead of presenting the promissory note to the bank, the Defendant would deliver a promissory note as of May 8, 2014, which is “5 million won” and make payment with respect to “the amount of a promissory note issued by the same company as of May 5, 2014.”

The phrase “the phrase was false.”

However, the Defendant, from July 11, 2013 to August 12, 2013, issued the check amount of KRW 1.467 billion in total on a total of 28 occasions in relation to H construction, and did not have the intent and ability to pay the amount of the check amount even if the Defendant issued the check amount of KRW 1.467 billion in total due to the shortage of deposits or the suspension of transactions, and the Defendant did not pay the check amount of KRW 1.467 billion in total.

As such, the Defendant, by deceiving the victim BF, received KRW 50 million from the damaged party to the Agricultural Cooperative Account of BH from the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry into the police statement protocol with respect to BF;

1. Entry into the suspect examination protocol concerning BI by the prosecution;

1. Application of relevant Acts and subordinate statutes of each promissory note or certificate of remittance confirmation;

1. The reason for sentencing under Article 347 (1) of the Criminal Code of the pertinent Article on criminal facts (Selection of Imprisonment) of the Criminal Code is that the defendant is starting to commit a crime late and reflects wrongs against the defendant. The victim's redemption of the victim's face value is also exempted from the debt equivalent to KRW 20 million to the transaction enterprise, thereby dividing profits amount into BI. However, considering the circumstances where the damaged party's failure to pay damages is disadvantageous to the defendant, the punishment is determined as ordered in light of the circumstances where the injured party wants a punishment against the defendant.

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