beta
(영문) 부산지방법원 동부지원 2018.10.04 2018고단1182

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On January 25, 2018, the Defendant was sentenced to a suspended sentence of two years on August 2, 2018, due to a violation of the Road Traffic Act in Busan East Branch Support, etc., and the judgment became final and conclusive on February 2, 2018.

1. On November 18, 2013, the Defendant was at the construction site located in Ulsan-gun, Seoul, and the victim D who became aware of in the course of the construction relationship with the Corporation, “The Defendant is required to pay the amount of money as consolation money to the former wife by being married to the Company’s accounting and marriage. If the Defendant borrowed KRW 20 million at a statutory interest rate, he/she will pay the principal and interest within two months with interest paid.

“.......”

However, even if the Defendant received money from the injured party, it was thought that he would be used to repay his personal debt rather than paying consolation money to the former wife. At that time, the Defendant was under the demand to pay the debt amounting to 15 million won or more from his personal and private financial rights, and the Defendant was receiving the demand to pay the debt amounting to 15 million won or more, and was under the prevention of the so-called return of the former debt.

In addition, the defendant did not have any intention or ability to pay the principal and interest to the victim according to the promise, because he did not have any apparent receipt of the above money in a short period in excess of the above obligation.

Nevertheless, on November 28, 2013, the defendant deceivings the victim as above and acquired 20 million won from the victim to the post office account (E) in the name of the defendant on November 28, 2013.

2. On June 23, 2015, the Defendant wishes to bid “F” to the victim at the same place as set forth in paragraph 1, at the same time, and paid KRW 5 million to the head of the Construction Company by June 18, 2015, and paid KRW 5 million to the head of the Construction Company by June 25, 2015. The Defendant borrowed KRW 5 million to the head of the Construction Company and borrowed KRW 20 million within two months before he/she borrowed the construction.

“.......”

However, even if the defendant receives money from the injured party, he/she does not use it as funds related to the construction, but as personal living expenses or debt repayment.