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(영문) 수원지방법원 2017.04.21 2016고단5476
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

On October 21, 2016, the Defendant had been sentenced to one year of imprisonment with prison labor for a violation of the Illegal Check Control Act at the Suwon Franchising Station, and the judgment became final and conclusive on October 29, 2016.

Punishment of the crime

1. On June 30, 2014, the Defendant: (a) at the D Company’s office of the Defendant’s operation located in the G, on or around 30, 2014; (b) the victim E exchange the victim E with the bank with KRW 5 million in the household check issued by him; (c) the victim E returned to the bank; and (d) as the balance of the bank account in the household is insufficient to deposit, the Defendant would issue the family check again and make repayment by cashing it.

“The phrase “ was false.”

However, in order to raise business funds, the Defendant issued a family check from around 2009. However, the Defendant suffered from frauds equivalent to KRW 400 million from F around 2010, as well as the Defendant’s management D companies are operated in a hostile state, and thus, the Defendant did not have any intent or ability to repay the borrowed money even if he borrowed money from the damaged party, on the ground that he/she deposited the cash, issued and discounted the household check and maintains the business in the form of funds.

As such, the Defendant, by deceiving the victim, was transferred KRW 7 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day.

2. On July 4, 2014, the Defendant: (a) at the H Company’s office located in Geumcheon-gu Seoul Metropolitan Government Geumcheon-gu, the Defendant returned to the bank the victim “5 million won of the household check issued by the Defendant; and (b) the victim returned to the bank the amount of KRW 6,00,000 in the bank account of the household; and (c) on July 7, 2014, the Defendant issued 20 copies of the household check and repaid the household check in Ansan-I when the deposit is settled due to a shortage of KRW 22 million.

“The phrase “ was false.”

However, the defendant did not have the intent or ability to repay the borrowed money even if he borrowed the money from the damaged person as described in the above 1.

As such, the Defendant deceivings the victim, and thereby deceivings the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day.

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