beta
(영문) 광주지방법원순천지원 2020.11.13 2019고정225

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was the representative of the "C Co., Ltd." in the construction company B at the net time, and the victim D is the senior frighter of the defendant.

On July 23, 2009, the Defendant made a false statement to the effect that “The FF Bank's loan points located in E” purchased and sold apartment land to the victim, and that it would have contracted one month from the time of permission. Therefore, as money enters after one month, it would be repaid after one month if it borrowed KRW 10 million of the operating fund of an enterprise.”

However, even if the Defendant borrowed KRW 10 million from the victim, the Defendant intended to use it for the repayment of personal obligations, not for the operation of the enterprise, and there was no intention or ability to repay it after one month.

Nevertheless, the Defendant, by deceiving the victim as above, was delivered KRW 10 million to the G bank account (H) in the name of the “C stock company” by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (attached to details of transactions in suspect accounts);

1. Application of the Acts and subordinate statutes to report an investigation (reciting the I telephone statements for reference);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the choice of punishment, selection of a fine (see, e.g., Supreme Court Decision 2009Da15471, Jan. 1,

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;