beta
(영문) 대전지방법원 2013.11.01 2013고단2336

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Attachment] On February 20, 2008, the Defendant was sentenced to two years and six months of imprisonment for fraud at the Cheongju District Court on February 20, 2008, and completed the execution of the sentence in the Daejeon Prison on February 26, 2010.

[2013 Highest 2336] On May 3, 2011, the Defendant made a false statement to the victim C, stating, “Accomponsing a tunnel in Gangwon-do, which has been established and subcontracted to a company. It is necessary to establish a company. The Defendant borrowed money for expenses incurred in the establishment of the company. On the other hand, the Defendant would assist the purchase of two machinery for the use of the tunnel to lease one unit and operate an on-site restaurant (hereinafter referred to as a “on-site restaurant”).”

However, in fact, the Defendant did not have the ability to establish a company and obtain a subcontract for the construction, and even if he borrowed money from the victim, the Defendant did not have the intent or ability to pay such money.

The Defendant, as above, by deceiving the victim, received two million won in cash from the victim.

From around that time to June 201, the Defendant received a total of KRW 7,550,00 from 10 to 7,50,000 as shown in the attached list 1 of crime committed.

Accordingly, the defendant acquired property by deceiving the victim.

[2013 Highest 3620]

1. On June 3, 2010, the criminal defendant against the victim D made a false statement to the victim D by telephone at a place where the location is unknown, to the effect that “There is a machine that cleans a bomb in Gangwon-do. There is a machine that cleans a bomb that occurs during a bomb, which is imported in Japan. The import and lease of the above machine may be punished by KRW 15 million per month. The mechanical value is KRW 150 million, which is the amount of KRW 150 million, and the amount of money to be deposited in the name of the victim if the import and damage occurred.”

However, in fact, the defendant did not have been doing so in Gangwon-do, and even if he received money from the victim, the above machinery is purchased or the victim.