beta
(영문) 창원지방법원 2013.09.11 2013고단641

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[Criminal Power] On February 8, 2007, the Defendant was sentenced to one year of imprisonment with labor for fraud by using computers, etc. in the Busan District Court's Dong Branch, and completed the execution of the sentence on August 14, 2007 at the Busan District Court's Busan District Court.

【Criminal Facts】

On August 14, 2007, the Defendant: (a) completed the execution of the above sentence at the Busan detention center on August 14, 2007; and (b) established a corporation for real estate development projects; (c) however, (d) established a corporation as C (hereinafter referred to as “C”) by means of the disguised payment of capital necessary for the establishment of the corporation due to the lack of any assets as above, and thus, the said corporation was also in a situation where there was no capital.

In this situation, the Defendant was planning to establish and operate a company with money borrowed from another person and to undertake real estate development projects, but did not commence specific real estate development projects. In fact, the Defendant was in a state of raising any sales until the closure of the said corporation in 2008.

1. On October 2007, the Defendant: (a) stated that “The victim’s morale against the victim D, in the C office located in Busan City/Gu Y, Busan. The money is needed to establish the corporation; (b) the victim is expected to enter the corporation after the lapse of a week after the incorporation of the corporation; and (c) if the funds are lent KRW 5 million, the payment will be made without fail after the establishment of the corporation.”

However, at the time, the defendant did not have to enter the funds clearly after the incorporation of the corporation, and since the defendant and the corporation operated by the defendant did not have any property, there was no intention or ability to repay the funds even if they borrowed money from the victim.

Nevertheless, the defendant deceivings the victim as above and obtained 4.6 million won from the victim and acquired it by fraud.

2. Fraud against victim F;

A. The Defendant is at the office of the above C in October 2007.