beta
(영문) 대구지방법원 영덕지원 2015.05.27 2014고단35

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and three months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

I. The Defendant, “2014 Man-Ma35,” agreed that the Defendant shall be the representative of G G in receipt of a subcontract from H in the F in the capacity to collect stone from G in the U.S., the Plaintiff shall be a person operating the G in substance, and the victim C shall be a person operating the G in receipt of sewage with respect to the production of earth and stone, and the amount of money agreed with the J in the sale of earth and stone produced by the J in the manner of concluding a contract with the said state (State) J to sell earth and stone produced and supplied by the J in the manner of the sale of earth and stone and received by the said state (State)J.

1. From the end of July 2012, the Defendant loaned KRW 30 million to the victim C (year 40) at the I office located in Chungcheongnam-gun, Chungcheongnam-gun, Gyeongjin-gun, the Defendant made it possible for the victim to engage in the production of stone collection by receiving sewage for the production of H stone in one parcel of land, other than the Gyeong-gun, Ulsan-gun, Ulsan-gun, and made a false statement that the Defendant would have entrusted the production of stone. However, even if 30 million won was borrowed from the victim, the Defendant did not have any intent or ability to repay the amount at the maturity date.

Ultimately, the Defendant obtained a total of KRW 30 million, including KRW 5 million around September 21, 2012 and KRW 25 million around September 24, 201, from the victim, and acquired it by deception.

2. From October 1, 2012 to November 30, 2012, the Defendant embezzled KRW 164,306,000, out of the above money, the Defendant paid KRW 75,143,00 to the victim for KRW 75,163,00 among the above money, and embezzled the remainder by arbitrarily consuming it as personnel expenses, equipment costs, etc. to be borne by the Defendant around that time.

II. “2014 Highest 128” Defendant is the representative director of the IF and the victim D(n, 37 years old) is the representative director of the JF, and the Defendant is the victim D with respect to the production of aggregate, etc. from one parcel, other than the JFF L, Ulsan-gun, and one parcel.