beta
(영문) 인천지방법원 부천지원 2012.09.06 2010고단1483

사기

Text

Defendants shall be punished by imprisonment for one year.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of the E-Si, Kimpo-si, and the defendant B is the husband of the defendant A, who is the chairperson of the above company.

1. On March 3, 2007, the Defendants: (a) paid KRW 50 million to the victim G, who is the representative director of the Fund in charge of the settlement of a blank promissory note 17; and (b) the victim agreed to carry out construction as a partnership business whenever there is any construction work after being entrusted the Defendants with ten promissory note 10 as security; (c) around August 23, 2007, when the operation agreement was destroyed and settled and the settlement was made; (d) the victim returned all ten promissory note 10 delivered under the said business agreement to the victims; and (e) the victim got reliance; and (e) he was under the process of the construction of an I Hospital in Daejeon-gu, Daejeon-gu, Daejeon-gu, by accepting the said construction project by acquiring the said construction project by acquiring the said construction project at the E-W Bank Co., Ltd. on or around December 3, 2007.

However, in order to carry out the new construction project of the above I Hospital, the Defendants subscribed to the E-I Hospital construction project, but there is no specific plan to raise funds necessary to carry out the construction project even though the construction project was agreed not to receive the payment for completed construction but to receive the payment for completed construction as security, and even if the bill is lent from the victim, etc. due to temporary use of the bill from the victim, etc., there is no intention or ability to pay the bill at the due date, and there was no intention or ability to use the borrowed bill for the purpose of the above construction project.

Defendants are able to borrow and use blank promissory notes from victims under the pretext of paying ten promissory notes in blank used to supplement them and preventing the failure to pay promissory notes that were used for the said I Hospital as the financing of new I Hospital was not influences, and around January 208. < Amended by Act No. 8840, Jan. 20, 2008>