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(영문) 인천지방법원 2014.05.15 2013고단6421

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 201, the Defendant stated that “A victim C (n, 46 years of age) shall borrow money due to lack of expenses incurred in conducting business to comply with the right to remove the Yeonsu Culture Center in Daejeon. In the event of removal construction, the Defendant stated that “A victim C (n, 46 years of age) shall be paid KRW 50 million in August, 199, and KRW 50 million in September.”

However, at the time, the defendant was not able to pay the office rent properly in bad credit, there was no particular property or income, such as having the vehicle number plate kept in custody due to the unpaid automobile tax, and there was a clear situation as to whether the right to remove the Taeduk Culture Center can be acquired, and even if borrowed money from the victim, there was no intention or ability to complete the removal work and pay it.

Accordingly, 1.5 million won from the victim to the Agricultural Cooperative Account in the name of D around June 13, 2011;

6.16. Minority: 16.0 million won;

7.8.30,000 won around 1.6 million won;

7. Around 21.21. Around October 28, 198, a total of KRW 59.8 million was remitted, and a total of KRW 2.7 million was acquired.

2. On May 28, 2012, the Defendant made a false statement to the effect that “The Defendant shall be a transport day in Chungcheongnam-gu, Incheon, Yeonsu-gu, Incheon, with the transport day from Chungcheongnam-gu, and shall make a full payment if the Defendant borrowed money due to the shortage of expenses.”

However, for the above reasons, even if the victim borrowed money from the victim, there was no intention or ability to repay it.

Therefore, the victim acquired 3.5 million won from the victim to the above account on the same day.

Summary of Evidence

1. The defendant's partial statement in the fourth protocol of trial;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Details of transactions of inputs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Among concurrent offenders, recommendation of sentencing guidelines for the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code; among general fraud.