beta
(영문) 인천지방법원 부천지원 2014.10.24 2014고단2280

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, 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 8, 2014, the Defendant was sentenced to four months of imprisonment for a crime of fraud in the Busan District Court Branch Branch of the Incheon District Court, and the judgment became final and conclusive on May 2, 2014.

From May 2013, the Defendant: (a) had been in charge of business in Kimpo-si “D” located in Kimpo-si operated by the Victim B from May 2013; and (b) had the intention of deceiving the victim who had failed to meet living costs, thereby deceiving the victim into money.

1. On October 8, 2013, the Defendant, at the above company office, made a false statement that “The Defendant received a subcontract in E in relation to the Gimhae Innovation City,” and made materials for subcontracted construction to the Changhoho Lake (F) that “The Defendant wired down payment of KRW 25 million to the Defendant.”

However, the defendant did not have been awarded a subcontract from E, and if the victim remitted the down payment to the creative enterprise, the defendant was thought to receive and use the down payment after cancelling the contract.

Accordingly, the Defendant, by deceiving the victim as above, caused the victim to transfer KRW 25 million to the G account in the name of the original company operator, and received KRW 25 million from the said G to the H’s account in the name of the Defendant’s designation, and received KRW 25 million from June 4, 2013 to December 20, 2013 in the above manner, as shown in the list of crimes in the attached Table, and received KRW 32,50,000 in total on six occasions from June 4, 2013 to December 20, 2013.

2. The embezzlement Defendant received a total of KRW 4,00,000,000 from “I” as a customer of the company from “I” and “I” as a customer of the company around September 17, 2013 and around October 2 of the same year and kept in custody for the victim.

8. Of the above amounts, KRW 1,00,000 has been arbitrarily consumed under the name of living expenses, and KRW 1,146,350 has also been arbitrarily consumed under the name of living expenses and embezzled KRW 2,146,350 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to B and J;

1. Previous convictions: Criminal records and copies of written judgments;