beta
(영문) 전주지방법원 2013.11.21 2012고단893

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and two months, and imprisonment with prison labor for a period of six months.

, however, for one year from the date this judgment has become final and conclusive.

Reasons

Criminal facts

Defendant

On November 2, 2011, A was sentenced to eight months of imprisonment for fraud in the Jeonju District Court's Gunsan Branch, and the said judgment became final and conclusive on July 12, 2012.

[2012 Highest 893] Defendant A, while carrying out landscaping projects, had a total of approximately KRW 500 million debt of the right to collateral security, including KRW 300,000,000,000,000, and KRW 300,000,000,000,000, in personal loan of the right to collateral security, did not have the intent or ability to pay the price even if he received the construction of landscaping facilities, turd, and landscape trees from others. However, on July 1, 2009, Defendant A made a false statement to the representative victim F of E in the field of landscaping in the Do-Seoul Special Metropolitan City, Hansan-si, Seoul Special Metropolitan City, that “The price shall be paid after the completion of the construction work, shall be paid after the completion of the construction work, and it shall be paid 30,000,000,000,00,000,00 won, from the time to June 9, 2010.

[2013 Highest 1031] Defendant A is a person who operated a landscaping company called “G”, and Defendant B is the wife of Defendant A, and the victim H is a kind of friendly Gu with the knowledge of about 20 years.

1. Defendant B’s sole criminal conduct

A. A. Around February 27, 2007, the Defendant called the victim at the Defendant’s home, Jeonju-si, 105 Dong 1303, the Defendant called “to make reimbursement at any time, whenever it lends 30 million won as it is necessary to make payment.”

However, the above “G” operated by the Defendant’s husband A had experienced financial difficulties after the IMF, and the mortgage was established in total of KRW 780 million on the real estate owned by A, and the said money was 300 million on personal debt.