beta
(영문) 대구지방법원 김천지원 2019.09.18 2019고단725

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant of "2019 Highest 725" was a person who operated Chousehold B from around 2009 to around 2009.

On April 20, 2018, the Defendant concluded a contract with the victim F to supply a household of an amount equivalent to KRW 1 billion with the company located in Seoul, which is located in Suwon-gu, Daegu-gu, Seoul-gu, and the Defendant said that “The funds are insufficient. B, trusting her KRW 30 million and lending her KRW 30 million, which shall not be repaid by the end of August of this year.”

However, in fact, the Defendant did not have entered into a contract for the supply of a household amounting to KRW 1 billion to a business entity located in Seoul, and thus, the Defendant did not need to pay the funds. At the time, the Defendant had a debt of KRW 167 million in total, including KRW 100,000,000,000,000 to the business entity that received the delivery of the household. Even if the Defendant received KRW 30,000,000 from the victim, he did not have any intent or ability to pay the funds to the victim by the agreed repayment deadline.

On April 25, 2018, the Defendant, by deceiving the victim as above, received 3 million won from the victim to the post office account (Account Number: G) in the name of the Defendant on April 25, 2018, and acquired 150 million won in total on four occasions, such as the statement in the attached List 1.

On December 20, 2018, the Defendant made a false statement to the effect that “In the house of the victim I located in the Daegu-gu H apartment, Seo-gu, Seoul-gu, “I have to supply the goods with an order of various households for administrative use to J, but there is insufficient money. If KRW 100 million is lent from the investment deposit, I would have to receive the payment from the J and repay it in KRW 150 million.”

However, in fact, the defendant did not receive orders from J for the supply of household units, and only he thought that he would pay the deposited money with the money from the victim, and he will or will be able to pay the money to the victim by the agreed deadline.