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(영문) 부산지방법원 2018.12.21 2018고정1779

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 1, 2016, the Defendant introduced “E” entertainment drinking points from the victim (such as U.S.) D (hereinafter “victim Company”) of alcoholic beverage wholesalers operated by C in the counter of Chang-si, Chang-si, Kim Chang-do (hereinafter “victim Company”) to the customer, and then paid the liquor amount at the end of the month by preferentially paying one million won to the relocating customer.

“.....”

The Defendant, through C, was remitted one million won from the victim company as a deposit account in the name of F in the name of F on the 17th of the same month from the victim company to the Saemaul Treasury on the 17th of the same month.

However, at the time, the Defendant was scheduled to use the above money received from C for personal purposes, and there was no intent or ability to pay the above borrowed money normally due to the difficult economic circumstances.

As a result, the defendant by deceiving C, received property from the victim company.

2. On the 11st of the same month, the Defendant would deposit the money to the victim G, the principal place of the above entertainment store, in a place where it is not possible to know the place of the Habman.

“.........”

The Defendant was transferred KRW 1,204,00,000 in total, around December 1, 201 of the same year, around 201, around 920,000, to the said deposit account, from a person who is believed to do so.

However, at the time, the Defendant did not have any intent or ability to pay the money remitted from the victim to the victim company on behalf of the victim company.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes on police statements made to H and C;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.