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(영문) 서울중앙지방법원 2013.11.15 2012고단4033

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the above fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

On August 21, 2007, the Defendant: (a) worked as non-regular employees of a non-regular company in Vietnam; and (b) through E, a joint operator of D (hereinafter referred to as “D”) at the location of the Si of Vietnam, the Defendant said that “in Korea, a joint operator of D works as the head of the division of the Category C local subsidiary. If the funds need to be urgently paid 20,000 U.S. dollars, the Defendant would pay the interest of 3% per month and pay the principal by November 20, 2007, which is later than 3 months later, to D will provide other material transport services, such as sand for construction at the construction site.”

However, as above, the Defendant did not have the right to provide the victim with the material transport services at the construction site, and was urged by the creditor to pay the debt KRW 50 million without any particular property at the time, so there was no intention or ability to pay the said debt by the date of the said promise.

Nevertheless, the Defendant, by deceiving the victim as above, obtained U.S. dollars 20,000 (limited to KRW 22 million) from the victim through G, who is an employee of the victim.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Legal statement of witness G;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of each instrument of borrowing;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. It is true that the defendant borrowed the above money from the victim. However, it is necessary to arrange the business operated in Vietnam before entering the office of a local corporation in Vietnam.