beta
(영문) 대전지방법원 2017.08.18 2016고단4359

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On February 3, 2016, the Defendant was sentenced to a suspended sentence of three years and a fine of seven million won in imprisonment for fraud at the Daejeon District Court on February 3, 2016, and was finally decided on December 9, 2016, and is currently under suspended sentence.

Criminal facts

[2016 Highest 4359] Defendant C had no intent or ability to repay the office expenses or liabilities, etc., even if it borrowed money from others, such as, although C operated had continued to change its trade name after the default and had been operated by the company, due to the lack of substantial income of the company due to the lack of continued deficit and excessive liability, and thereby, continuously being punished for fraud, there was no intention or ability to repay the money from others.

Nevertheless,

1. On June 30, 2015, the Defendant: (a) called the victim D by telephone at an address unknown on June 30, 2015; and (b) paid KRW 5 million after the loan to the victim.

“A false statement” was received from the injured party, who was transferred KRW 5 million to the account under the name of Defendant E in the name of the same day as the borrowed money.

2. On July 6, 2015, the Defendant, by putting a phone to the victim D at an address of the address of the Defendant, will pay KRW 7 million in total with KRW 5 million borrowed before and after the day on which he/she additionally lends KRW 20 million to the victim D.

“A false statement” was received from the injured party, who was transferred KRW 2 million to the account under the name of Defendant E in the name of the same day as the borrowed money.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

[2017 Highest 1409]

1. On September 13, 2012, the Defendant was a corporate director of F Co., Ltd., a supply company for science, and the Defendant called the victim H in the F office located in Daejeon Seo-gu Daejeon Seo-gu G on September 2012, the Defendant was unable to supply the materials for science to the original office.

A person who lends money to a university shall be paid with the payment after he/she has supplied it to the university.

The purport of “..........”