사기
A defendant shall be punished by imprisonment for not less than eight months.
The defendant shall pay 40 million won to the applicant for a compensation order.
3.2
Criminal facts
On March 2010, the Defendant, as the representative director of D, was the victim C at the Seongbuk-gu Seoul Metropolitan City hotel coffee shop, stating that “A business is scheduled to take over the F Co., Ltd. in Gyeonggi-gu and newly build a factory in the ceiling, and then produce and sell products such as external electric light lamps, etc. In the Korea Development Bank, the technology evaluation is terminated on May 2010, and the 10 billion won loan is completed on June 2010. A small amount of G’s loan working for our company is the head in charge of industrial bank loans. First of all, if it is possible to make an investment as money, it would return it twice after receiving the loan.”
However, in fact, the Defendant did not have any particular property other than 20 million won of the rental deposit in his/her residence, and even the Defendant was unable to operate his/her office rent to the extent that he/she could not timely pay the office rent. As such, the Defendant was unable to prepare an assistance vehicle of 80 million won of the F takeover price for the Co., Ltd., and was not capable of taking over it. The sales and purchase contract for the factory site located in the Dong-gu, Dong-gu, Chungcheongnam-gu, Seocheon-gu has to enter into a contract for the loan of bills from the land owner because the contract was not made for the down payment. Therefore, even if receiving the investment from the victim, the Defendant did not have any intent or ability to return twice
The Defendant received KRW 10 million from the victim on March 4, 2010, KRW 5 million on March 19, 2010, KRW 4 million on March 27, 2010, KRW 610,000 on April 6, 2010, and KRW 10 million on July 21, 2010 from the victim to the account in the name of D.
Accordingly, the defendant was given a delivery of KRW 40 million by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. The witness C and I's respective legal statements, and witness G's partial statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement of each police statement related to C and G;
1. On the argument of the defendant and his defense counsel regarding the withdrawal transaction.