사기
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
The defendant is the representative of Electric Cable Manufacturing Company B.
1. On June 12, 2015, the Defendant told the victim D by telephone from the above B office operated by the Defendant in Masung-si around Jun. 12, 2015, that “I would make electric wires to be produced and delivered once a week after purchasing alone immediately at the present market price, and making cash payment.”
However, the amount of loan obligation of a financial institution was approximately KRW 130 million, and employee's benefits and monthly rent of a factory was sealed, and even if the person was able to receive money from the injured party, there was no intention or ability to purchase old interest and produce and deliver electric wires, even if he did not receive money from the injured party.
The Defendant, by deceiving the victim as such, was transferred KRW 15,400,000 to the corporate bank account in the name of the corporate bank bank account in the same day from the victim.
2. On June 18, 2015, the Defendant sent an electric cable to the victim by telephone at the same place as above, “A cable sent prior to the time is currently being produced and then is in the process of production.
The purpose of this paper was to "as it is possible to sacrificing the cash more than the past one, to purchase old interest and produce electric wires and deliver electric wires."
However, the fact did not have the intention or ability to produce and deliver electric wires by purchasing copper.
The Defendant, as such, by deceiving the victim, received KRW 28,00,000 from the victim’s bank account on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police against D;
1. A copy of the certificate of debt repayment, a copy of the real estate transaction contract, the letters sent by the defendant to the complainant, a copy of the certificate of debt transfer confirmation, and the application of the statutes of subparagraph B of the
1. Article 347(1) of the Criminal Act and Article 347 of the Criminal Act as to the facts constituting the crime.