beta
(영문) 춘천지방법원 영월지원 2014.02.07 2013고단257

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 97 million won to the applicant C for compensation.

3.2

Reasons

Punishment of the crime

1. On January 7, 2011, the Defendant posted a telephone to the victim C and made an exclusive contract with D and made it possible for the Defendant to operate the above master craftsperson. In order to operate the master craftsperson, the Defendant deposited KRW 300 million in the corporate account book and established a corporation. Since KRW 100 million is insufficient, if the Defendant borrowed KRW 100 million, he/she would set up a collateral security in the husband E’s name and repay all KRW 100 million until April 12, 201. Moreover, the Defendant made a false statement to the effect that “The exclusive contract entered into with D will be provided by February 5, 2011.”

However, in a situation where it is unclear whether the defendant's business is carried out, the defendant tried to supply goods to F, G, etc. after investing funds in F, etc., there was no intention or ability to directly carry out D's business, and there was no funds raised for incorporation, so the above KRW 100 million out of 300 million of the funds for incorporation did not fall short of the funds raised for incorporation, and the defendant tried to use the above KRW 100 million for other purposes, such as the preparation of offices other than the funds for incorporation

In addition, even though the Defendant did not have been divorced from E on June 2010 and received separate delegation from E, he voluntarily prepared a proxy form of E and submitted it to the victim, and as if he could set up a collateral security on the lending of the name of E. In order to conclude a contract for the exclusive use of famous books, the Defendant did not have any intent or ability to provide the victim with an exclusive contract entered into with D until February 5, 201, and the Defendant did not have any intent or ability to pay KRW 100 million to the victim until April 12, 2011 because the Defendant had a bad credit standing without any specific property or revenue.

The Defendant, as such, by deceiving the victim, received KRW 97 million from the victim to the Defendant’s account under the name of the borrowed money around January 20, 201.

Accordingly, the defendant, by deceiving the victim, acquired KRW 97 million.

2. The Defendant: (a) around 17:00 on November 15, 201.