beta
(영문) 서울동부지방법원 2018.08.13 2017고단3589

사기

Text

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

Reasons

Punishment of the crime

On December 27, 2007, the defendant is running a D development project to the victim C through B at a place where it is impossible to know the location of around December 27, 2007.

upon completion of the project, I have lent the project to B.

1.30 million won may be fully paid.

Currently, the project is almost completed, and it is necessary to complete the project.

The loan of money shall be repaid until January 20, 2008.

“False speech” was made.

However, the D Development Project has not been properly carried out due to the lack of the contents related to the implementation of the Project, such as relocation of graveyards, to the competent authority, and the Defendant did not have any intent or ability to repay the D Development Project even if he/she borrowed money from the damaged party due to lack of any particular revenue

As such, the Defendant, by deceiving the victim and receiving KRW 25 million from the victim on or around December 28, 2007, for the purpose of borrowing money, and with respect to the deception of KRW 4 million from around that time to December 8, 2010, the Defendant’s statements by the prosecutor’s office and statements in this court are partly contradictory, but this results from the reduction of memory due to the passage of time.

According to the victim's prosecutor's statement, the contents of deceptions recorded in 8 times as above are the contents of deceptions Nos. 9 and 11, and the contents of deceptions No. 8 times are the contents of deceptions No. 7. According to the victim's statement in this court, according to the victim's statement in this court, the contents of deceptions are as shown in the separate sheet, and even according to any of the statements, the victim is virtually subject to deceptions from the defendant in relation

On the other hand, the facts charged are recognized as they are.

As shown above, the sum of KRW 192 million was obtained through a total of 11 times and acquired through a delivery.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. The defendant;