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(영문) 제주지방법원 2016.08.10 2016고단468

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, the husband of the victim C, was aware of the removal of a bridge D and a bridge rail. On November 201, 2012, when the above D died, the Defendant accessed the victim by taking advantage of D and friendly parts.

On March 8, 2013, at the F cafeteria located in Jeju Island, the Defendant supplied the victim C with “goods manufactured from the new metal (bridges, railing, fences, signs, drums, etc.) from G to Jeju viewing, etc., the goods price shall be deposited from the local government to the new metal, and 20% of the goods price shall be deposited from the new metal to the account of the Jeju Branch (G) in the name of business expenses.

The order of 50 million won per year shall be placed, and the profit of 100 million won shall accrue.

The profit will be paid in half by operating the state project together with the investment.

A false statement was made stating that a business will proceed with a business if the business fund is short of money and be repaid.

However, even if the Defendant received investments from the victimized party, the Defendant did not have the intent or ability to use the funds as business investment funds, and there was no possibility of 100 million won annual profits, and even if the Defendant was able to use the funds as personal debt repayment, living expenses, entertainment expenses, etc., the Defendant deceiving the victimized party as above.

As a result, the Defendant received KRW 5 million from the injured party for the purpose of investment in March 8, 2013 from the injured party and acquired it by fraud, as well as received KRW 363,960,000 in total under the same name from September 22, 2015 until September 22, 2015, as shown in the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court (the fifth public trial date);

1. The legal statement of the witness C;

1. A complaint filed by C, a copy of the process deed, a copy of each deposit transaction details, a supplementary statement to C's complaint, and a detailed statement of passbook transaction;

1. Statement made by the police with H;

1. A copy of a text message;

1. Statement made by the police with regard to I and a detailed statement of account transactions (I);

1. The investigation report (the report is made from the new metal);