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(영문) 부산지방법원 2013.08.29 2013고단3431
사기
Text

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

except that 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

On January 26, 2007, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution with the Illegal Check Control Act at the Busan District Court on April 13, 2007.

In fact, the Defendant had a personal debt of 200,000,000 won, and the Defendant had an intention or ability to pay the amount of the check, the amount of the bill, and the amount of the management expenses and the amount of the employee paid 160,000,000 won on credit of the Cmaart operated by the Defendant, even if he borrowed money from the victim D, and even if he borrowed money from the victim D, he did not have an intention or ability to pay the amount of the check, the amount of the bill, even if he borrowed money from the victim as security.

Nevertheless, on July 21, 2006, the Defendant issued a check number No. 20,000 won ( check number No. 1,000,000) to the victim at the time of the issuance of the check No. 19,000 won at the time of the issuance of the check No. 20,000 to the Plaintiff, and the Defendant stated that “If the Defendant borrowed KRW 19,00,000 from the time of the offer of the check No. 19,00,000 to the Bank on July 15, 2006, the Defendant paid the check No. 20,000 won to the Bank on the date of the check No. 15,000 on July 21, 2006 by the victim.

8. The 28.4,000,000 won in total, 19,000,000 won were acquired and acquired.

From July 21, 2006 to August 25, 2006, the Defendant acquired 91,050,000 won from the victim on five occasions, such as the list of crimes, from July 21 to August 25, 2006.

On July 21, 2006, at the same time and method of the check table Nos. 25,00,000 won in the amount of money borrowed as security and provided as security two copies of the check No. 25,000 won in the amount of money borrowed as of July 25, 2006 without the ability to pay the check No. 20,000 won in the amount of money borrowed as of July 28, 2006 without the ability to pay the check No. 25,000 won in the amount of money borrowed as of July 25, 2006, at the face value of 46,250,000 won in the amount of money borrowed as security and borrowed money as of July 28, 2006, at the same time without the ability to pay the check No. 20,800,000 won in the amount of money borrowed as security.

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