beta
(영문) 대전지방법원천안지원 2020.11.25 2019고단2865

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in management consulting business, distribution business, etc. while using the trade name of B or the Dispute Resolution Co., Ltd.

Around April 30, 2019, the Defendant concluded a supply contract with an official importer of the U.S. professional camping district by telephone with the victim D, who is a distributor who became aware of a business at an unsound place. The Defendant made a false statement to the effect that “The Defendant would give 30% of profits as well as the principal by May 23, 2019 if the Defendant lent KRW 150 million to a short of KRW 150 million.”

However, in fact, it has not been confirmed whether the defendant entered into a supply contract with an official importer of the U.S. professional camping district (MLB) and the defendant has the intention to repay the loan with the failure of the existing business, and there was no intention or ability to repay the loan because there was no other income or property.

As above, the Defendant, by deceiving the victim, through the agricultural bank account in the name of the Defendant from the victim, acquired the victim a total of KRW 150 million from each remittance of KRW 70 million on May 1, 2019, and KRW 80 million on May 9, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement prepared by prosecution investigators with regard to D;

1. Details of deposit transactions and details of each financial transaction (Agricultural Cooperatives-A);

1. Application of the Acts and subordinate statutes to the accusation report (verification of the suspect's source of funds borrowed);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The punishment as shown in the Disposition shall be determined in consideration of the fact that the reason for sentencing under Article 62(1) of the Criminal Act is a large amount, the fact that the defendant recognizes the crime, the victim does not want the punishment of the defendant, and the fact that the defendant has no same power;