beta
(영문) 대구지방법원 2018.07.05 2018고단240

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] On December 17, 2008, the Defendant was sentenced to ten months of imprisonment for fraud and two years of suspended execution at the Daegu District Court, and the judgment became final and conclusive on September 24, 2009.

[2] The Defendant was aware of the victim D who was working for a medical corporation as the head of B secretariat, and tried to establish a convalescent hospital through C around July 2008.

1. On October 4, 2008, the Defendant, in the office of the victim D in the victims E in the period of harmony, may receive the government subsidies of KRW 10 billion from the victim who intends to establish a convalescent hospital “as many government-ranking public officials are known, the Defendant may receive the government subsidies of KRW 10 billion.

“.....”

However, since the defendant was unaware of the government-ranking public officials, even if he received expenses from the defendant, he did not have the intention or ability to allow the victim to receive government subsidies.

The Defendant was given KRW 15 million on the same day from the injured party on the same day through C on the same day.

2. The Defendant’s business at the above office around December 12, 2008 is difficult for the victim to suffer from the shortage of funds.

It would be possible to repay the necessary expenses at the early stage of borrowing and transfer the land owned by the corporation if it is not possible to change it.

“.....”

However, at the time of fact, B did not have the ability to repay the borrowed money due to financial difficulties, and the Defendant did not obtain prior approval from the president for the transfer of land owned by the corporation. Therefore, the Defendant did not have the intent or ability to transfer the land owned by the corporation even if he did not repay the borrowed money to the victim

Defendant 1 received from the injured party at the end of the foregoing false statement the sum of KRW 7 million on December 16, 2008, KRW 300,000 on January 30, 2009, KRW 57 million on March 13, 2009, and KRW 57 million on March 13, 2009, under B’s name.

Summary of Evidence

1. Statement by the defendant in court;

1. Prosecutions against the Defendant.