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(영문) 대구지방법원 서부지원 2014.03.27 2013고단1405

사기등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On January 5, 2012, the Defendant against the victim C stated, “The E-gas station operated by the Defendant in Nam-gu, Daegu-gu, would maintain 30% of the equity interest in E-gas station even after the principal was returned,” that “The E-gas station operated by the Defendant in Korea would have net income KRW 200-30 million per month, when investing KRW 200 million in E-gas station, KRW 4 million per month, and return the principal by receiving a loan from the bank after six months.”

However, in fact, the Defendant did not have any funds for the operation of gas stations at all, and the personal debt amounted to 2-300 million won, and even if the Defendant received KRW 200 million from the victim, the Defendant did not have the intent or ability to normally operate the gas station and return the principal. A part of the above KRW 200 million was considered to have been used for the repayment of personal debt.

The Defendant received KRW 150 million from the victim to the account in the name of F on the same day, and KRW 50 million from the account in the name of the Defendant.

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

2. Around January 17, 2012, the Defendant against the victim F told the victim F to pay the price within two to three days, at the Eju station office operated by the Defendant located in Daegu-gu, Daegu-gu, the victim F.

However, the defendant was unable to normally operate the gas station due to the lack of funds to operate the gas station, and after selling the oil, there was no intention or ability to pay the price to the victim.

The Defendant was supplied with oil equivalent to KRW 76 million at the market price from the victim.

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

3. On March 30, 2012, the Defendant’s fraud against the Victim SM information and communications company (hereinafter “victim”) was the victim SM information and communications company at the E stations operated by the Defendant in Daegu-gu, Daegu-gu.