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(영문) 서울중앙지방법원 2017.10.26 2017고단5798

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

When economic difficulties arise, the Defendant introduced himself as 'C Company D representative' to the victim B (39) operating the clothing manufacturing company as 'C Company D', and committed as if he had the ability to participate in the manufacturing of modern automobile working clothes 820,000, to obtain money from the damaged party. On October 25, 2016, the Defendant met the victim at the restaurant located in the Gangdong-gu Seoul Metropolitan Government Street, Gangdong-gu, Seoul, and then he met the victim at around October 25, 2016.

On November 18, 2016, “Around November 18, 2016, the victim was at a trade name in an influent drinking house located in the city below the city of Speaker, and the victim was only the victim, and “I will lend KRW 300,000,000 as there is no cash now.”

However, in fact, the Defendant was not the representative of C Company D but could not demand the Defendant to return modern vehicle work to the Defendant. Since from around 1995, the Defendant had an individual debt as an bad credit holder, and even if he borrowed money from the injured party, he did not have any intention or ability to complete payment.

As can be seen, the Defendant made a false statement to the victim, i.e., received cash KRW 300,000 from the victim, i.e., at the victim’s seat, from November 18, 2016 to April 19, 2017, and obtained a cash delivery from the victim to receive KRW 30,000,00 from the victim as a sum of 25 times in the same manner as indicated in the attached crime list, such as loans, fins entertainment expenses, employees’ meal expenses, etc. in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. Loan certificates, letter of payment of an original contract for clothing, statement of debt between the complainant and the defendant, details of payment of debt, statement of entry transaction, foreign exchange transaction, statement of foreign exchange transaction, direct and clothing supply contract, bank transaction application (F), inquiry of transaction details (F), application of credit information (A)-related Acts and subordinate statutes;

1. Criminal facts;