beta
(영문) 대구지방법원 2017.10.20 2017고합211

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

In the E-legal office located in Daegu Suwon-gu around April 15, 2008, the Defendant loaned construction expenses necessary for the G redevelopment project to the victim F, and the victim F is the representative director of H. When the Defendant borrowed money, the Defendant would receive KRW 4 billion at the redevelopment project cost and repay in full until May 30, 2009. As the Defendant is in the construction work of the G outside I and J, there is no need to know about money.

The phrase “ makes a false statement.”

However, under the circumstance that the Defendant, without any special revenue, has already transferred the above L company to the above L on April 25, 2006, with the fact that he had already transferred the above “H” company to the above L, the above company’s representative director was no longer a representative director, and the service cost cannot be paid an amount equivalent to 4 billion won, and even if the Defendant received money from the damaged person, he did not have the intent or ability to repay the amount.

The Defendant, by deceiving the victim as above, was delivered in cash and in check at the store in Daegu-gu, the same day, around September 30, 2008, KRW 200 million around September 30, 2008, and KRW 150 million around November 30, 2008, and received deposits from the bank account in the name of the Defendant on January 22, 2009.

Accordingly, the defendant was given a total of KRW 540 million by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and L;

1. The payment note, process deed, performance note;

1. Notice of the reasons for non-prosecution, a decision of non-prosecution No. 57267, Daegu District Prosecutors 2009, a decision of non-prosecution, and a notification of the disposition of appeal, and a written decision of early 2010;

1. Process deed, letter of commitment;

1. Details of deposits and account details;

1. Certificates, receipts;

1. Daegu District Court Decision 201 Gohap 14801 Decided 201 Decided the Gohap-gu District Court Decision 2012

1. Each investigation report (as evidence list 10,20,41,44) law shall apply;

1. Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012) and Article 347(1) of the Criminal Act comprehensively covering the relevant criminal facts.