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(영문) 서울북부지방법원 2016.07.21 2016고단2104
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of imprisonment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 26, 2013, the Defendant would issue a copy of the check in the name of F Co., Ltd. to the victim of the E office in the light of the victim D’s operation, which was located in the Gyeonggi-si (hereinafter “F”) around May 26, 2013.

On the other hand, a false statement was made that “a discount received from future finance is different from a discount received from a discount on the future finance in the market.”

However, since the end of March 2013, F Co., Ltd. operated by the Defendant was unable to settle the check on the date of payment of the check even if the check was discounted by the injured party, and the Defendant was thought to have the injured party liable for the settlement of the check as an endorser after the discount on the check.

On June 6, 2013, the Defendant, by deceiving the victim, received KRW 5 million from the Defendant’s account in the name of a national bank in the name of H, and received KRW 5,00,000,00 from the victim to the corporate bank account in the name of F on June 7, 2013, respectively, as the check discount amount of KRW 10,50,000 from the victim’s check number G, face value G, 10,000.

2. In the place under the preceding paragraph of June 2013, the Defendant, at the same time and at the place in June 2013, would ensure that the Defendant settle the check with the victim without any problem at a discount of KRW 1,25 million at a face value.

“The phrase “ was false.”

However, due to the reasons mentioned in the preceding paragraph, F Co., Ltd. operated by the Defendant did not have the ability to settle the check, and the Defendant was thought to be responsible for the settlement of the check by the victim.

As such, the Defendant enticed the victim, and thereby, was a national bank account in the name of H on June 20, 2013 under the pretext of a discount on the check number I against the victim’s check number I. A new bank in the name of F Co., Ltd., with KRW 5 million around June 24, 2013, KRW 2 million around June 25, 2013, KRW 2 million around June 25, 2013, and KRW 1.9 million around June 27, 2013, respectively, as a corporate bank account in the name of F Co., Ltd., and KRW 4 million around June 27, 2013 in the name of F Co., Ltd.

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