beta
(영문) 대전지방법원 2020.10.30 2020고단2970

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An application for remedy by an applicant for remedy shall be dismissed.

Reasons

Punishment of the crime

On August 13, 2020, the defendant was sentenced to one year of imprisonment with prison labor for fraud in the Daejeon District Court, and the above judgment became final and conclusive on the 21st of the same month.

On August 2018, the Defendant sent a telephone to the victim B, who was an elementary school, at the end of the end of the week, to the victim B, who was an elementary school, and told that “A KRW 100 million is necessary to purchase a machine off the Gu, which is off. If only the documents are inserted to the Government after the purchase of the machinery, the Defendant may immediately repay the subsidy for the water-related support project with KRW 300 million within one week. 4 additional interest shall be given and shall be repaid at the latest within six months.”

However, the Defendant had no intention to purchase the money with the money, and there was no ability to pay the money in return with the money received the money from the money, because the Defendant was in the situation where the Defendant repaid interest or liability with the money of KRW 1 billion at the time due to the repayment of the money, even if he borrowed money from the victim.

Nevertheless, around September 11, 2018, the Defendant acquired KRW 153,80,000 in total four times from around such time to around August 3, 2019, including the transfer of KRW 100,000 from the victim to the D Association account (E) in the name of the Defendant, and acquired it by deceptioning KRW 153,80,00 in the same manner as the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Part concerning B in the police examination protocol of the accused;

1. Protocol of the police statement concerning B;

1. Complaints, details of transactions, written closure data, an authentic copy of a notarial deed, detailed inquiry into details of transactions, investigation reports (person for reference C telephone conversations), each transaction statement, each transaction statement, real estate lease contract, loan approval for recycling industry fostering funds, business registration certificate, details of deposit and withdrawal transactions, investigation reports, each investigation report (person for referenceF telephone conversations), data on adjustment of the details of deposit and withdrawal transactions, replys to requests for the provision of financial transaction information, and each transaction statement;