beta
(영문) 서울남부지방법원 2017.05.25 2016고단2858

사기

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 27, 2015, the Defendant is the representative director of the Dispute Resolution Co., Ltd., and the victim D is the representative director of the Dispute Resolution Co., Ltd., who is engaged in the production and sale of title, shower, etc. as the representative director of the Dispute Resolution Co., Ltd.

On March 20, 2015, the Defendant posted a telephone to the victim at a place where it is not possible to know the location of the light on March 20, 2015, and entered expenses incurred in conducting business activities such as printing and singing on the site of the construction site, the culp, the chemical postal zone, and the port of the Republic of Korea.

Along with a loan of money, a construction company made a false statement stating that it shall pay money when it receives money from a construction company and shall give money to the victim.

However, even if the defendant borrowed money from the injured party due to the absence of special property, he did not have the ability or intent to repay it, and he did not have the ability to work for the injured party by accepting the contract for the Chang Ho Construction.

On March 25, 2015, the Defendant received KRW 15 million from the damaged party to the account in the name of the Defendant on March 25, 2015, and KRW 15 million to the account in the same name on March 26, 2015, respectively, on the bill of indictment, the Defendant stated the amount as March 26, 2015 and March 27, 2015, but it appears to be erroneous in light of the details of deposit transactions.

Accordingly, the defendant was given property by deceiving the victim.

2. On June 18, 2015, the Defendant, at a place where it is impossible to identify the around June 18, 2015, made a false statement to the victim, stating that “I will get off the phone at a place where it is impossible to identify the place,” and “I will loan KRW 10 million as the money is needed.”

However, even if the Defendant borrowed money from the injured party due to the absence of such special property as above, the Defendant did not have the ability or intent to repay the money, and there was no ability to work for the injured party by ordering the contract for the Chang Ho Construction Project.

Around June 18, 2015, the Defendant, from the damaged party, was at least five million won with the above bank account under the name of the Defendant.