beta
(영문) 대전지방법원 서산지원 2018.08.09 2017고단510

사기

Text

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

Reasons

Punishment of the crime

The Defendant, around April 14, 201, at the Seosan City B and C around April 14, 201, has to take over the victim D’s “F” outlined in the Eel underground in Seosan-si, Seosan-si. There is no money now.

Along three months after the President's approval was confirmed, the compensation for oil damage, and the compensation for G assisted power plants were generated. It was false that the payment of KRW 80 million in lieu of the name of the premium for the main place of residence was made by adding KRW 10 million to the interest of KRW 90 million on the face of the main place of residence.

However, the Defendant did not have any particular income at the time, and even if the Defendant received and operated a loan of approximately KRW 30 million from a financial institution, the Defendant intended to have Ha, who is not capable of paying the rent deposit and monthly rent. Around that time, a demonstration related to G Support Power was continued, and in detail, the Defendant did not have the status of receiving the compensation because it was not the status of receiving the said KRW 80,000,000 from the injured party, even if the Defendant borrowed the above KRW 30,000 from the financial institution.

Nevertheless, the Defendant acquired property benefits equivalent to the same amount by deceiving the victim as above and allowing the victim to take over obligations equivalent to KRW 80,000,000 under the above premium.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and I;

1. Entry of part of the witness H in the fourth public trial record;

1. Written inquiries into the Chairperson of the Measures against Oil Damage;

1. Investigation report ( telephone conversations between J staff members), replies to requests for investigation cooperation and credit information;

1. A copy of each loan certificate and a process deed;

1. A copy of a notification (related to the debtor's decision), a copy of a G assistants construction project' environmental impact assessment report, the main copy of the notification, and a copy of the notification;

1. Application of Acts and subordinate statutes to certificates of fact prepared by K and investigation reports (referring to the reference witness K telephone investigation);

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

참조조문