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(영문) 제주지방법원 2014.02.14 2013고단1049
사기
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

Punishment of the crime

[Attachment] On November 7, 2011, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for violating the Illegal Check Control Act at the Jeju District Court on November 7, 201, and the judgment became final and conclusive on November 11, 201.

【Criminal Facts】

On December 16, 2008, the Defendant: (a) received from the Gold Industry Co., Ltd. Co., Ltd. one Promissory Notes No. 165,000, the par value of which is KRW 165,000,000, as construction cost; and (b) requested G to discount the amount of the Promissory Notes No. 1 (E; hereinafter “instant Promissory Notes”); and (c) G to receive the Promissory Notes No. 152,896,200 at the discount of the instant Promissory Notes from the victim I (the spouse of the applicant for compensation), but did not deliver the discount amount to the Defendant.

Therefore, even though the Defendant knew that there was a third party right holder at the discount of the bill of this case from G, he received a judgment of nullification through a false report on the loss of the false content, and around December 26, 2008, the Seoul Central District Court civil petition office lost the bill of this case at around December 18, 2008, although there was no fact that the bill of this case was lost, the bill of this case was lost in the vicinity of the Dong-dong, Seoul Special Metropolitan City.

“On May 4, 2009, after preparing and submitting a written application for a public summons stating false contents, the public summons was present at the date of the public summons case No. 2008KaGong11032, Seoul Central District Court 2008KaGong11032, and stated the reasons for requesting the public summons and the purport of requesting the judgment of nullification. The above court, which is aware of the fact, obtained the amount equivalent to the face value of the bill from the

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the interrogation records of the accused by the prosecution;

1. The prosecutor's statement concerning G;

1. Each police statement made to I and C;

1. A copy of a promissory note, a copy of the judgment, or a copy of the receipt of report on loss, and a protocol of examination;

1. Before judgment: A criminal investigation report (Evidence No. 21 of the evidence list).

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