beta
(영문) 대전지방법원 논산지원 2013.11.15 2013고단112

사기

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That 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

1. On July 16, 2011, around July 16, 2011, the defrauded made a false statement to the victim E, “A” at the “D office operated by the Defendant located in Seosan-si, Seosan-si, that is, the Defendant would be repaid until July 29, 201.”

However, the Defendant, at the time, was in the situation where the Defendant’s debt owed to the financial institutions, approximately KRW 420 million, and KRW 210,000,000,000 to KRW 400,000 per month, and the interest on the debt was paid at KRW 400,000 per month. Although the Defendant owned the real estate, there was no property value due to the establishment of security for the financial institutions, and there was no dispute over ownership, so even if the Defendant disposed of the real estate, there was no intention or ability to repay the debt

As such, the Defendant, by deceiving the victim, received 5 million won from the victim to the post office account (F) in the name of the accused on the same day, and acquired it by fraud.

2. On August 201, 201, the Defendant was the head of the G church, and H, as a member of the above church, intended to transfer the victim E and let the victim E attend the above church from May 201 and to acquire money from the victim.

In the middle of August 201, 201, the Defendant and H recommended the Defendant to “I” restaurant operated by the victim and “D” office operated by the Defendant, and H to the fact that K in the J market is one’s relative, and H to the victim “K in the J market and its birth L was working as a general director, and the Defendant is currently carrying out the construction of the 3,300 apartment house in the Jin-gun, and the 1,260 household units are expected to be added to the 1,260 household units in the future, and the Defendant also recommended “I” restaurant operation to “I” restaurant operation to be rejected due to the confirmation of the inside construction.

If it is believed that it will operate a brine restaurant without a framework, and 30 million won will be paid now, and if it is impossible to operate a brine restaurant, then it will be 201.