beta
(영문) 부산지방법원 2016.06.10 2015고합786

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant retired from office with the mitigation of the maritime police, and is currently serving as the representative director of C Co., Ltd. (hereinafter “Co., Ltd.”) from June 2013 to June 3, 2013.

On December 2, 2013, the Defendant displayed to the victim E a copy of the current status of an order for construction works and a contract for the lease of equipment equivalent to KRW 241.9 billion at the office located in Busan Dong-gu, Busan, the Defendant received construction works equivalent to KRW 100 billion. When sending to the Busan District Public Prosecutor's Office, the Defendant was drank.

The head of the department is promoting the domestic monopoly agency business on petrochemicals and the prosecutor, and if a promissory note amounting to one billion won per face value issued by the trader is not settled by December 9, 2013, the crisis is the date of default.

The Defendant made a false statement to the effect that “The victim may not borrow money only KRW 770 million,00,000,000,000,000,000,000,000 won,” and that “The Defendant would make a provisional registration on the 1,181st class barge F vessel owned by C by C by transferring all of its assets to the victim, and if it is not repaid within the due date, it would make a provisional registration on the 1,000,000 won, including the interest on the 77,00,000,000,000,000,000 won.”

However, in fact, the Defendant did not have ordered construction work equivalent to KRW 100 billion, or did not carry out construction work equivalent to KRW 241.9 billion, and borrowed money to the victim as security for the barge F ship which has already been closed and does not exist. At the time, the Defendant did not have any intention or ability to repay KRW 770 million to the victim.

On December 9, 2013, the defendant deceivings the victim as above, and received 770 million won from the victim as the borrowed money from the victim and acquired it by defrauded.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the protocol of interrogation of the suspect against the defendant by the prosecution and the police.