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(영문) 대전지방법원 천안지원 2017.09.21 2017고단47

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of Corporation D in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

On January 18, 2015, the Defendant tried to build a d's d's d's d's d's e's e's e's 501 G office of victim F's operation in Sinsi-si, E and 501.

1. A false statement was made to the effect that a contract for construction work equivalent to KRW 1.6 billion is extended to KRW 22 million at the initial construction cost in the course of the examination to provide a contract. Where a loan is made from a financial institution, it would obtain a loan from a financial institution to change the loan.

However, the fact is that the defendant corporation D, which was operated by the defendant, tried to build a ice manufacturing plant, but the construction was suspended due to the failure of the defendant to obtain a loan from the financial institution, and there was no change in circumstances after the discontinuance of the construction, and there was no possibility of receiving a loan from the financial institution. The defendant did not have any revenue and no intention or ability to pay the loan properly even if he borrowed money from the victim because there was no particular asset.

Nevertheless, the defendant deceivings the victim as above and caused the victim to do so on February 2, 2015, with the agricultural bank account in the name of the defendant, KRW 10 million, and the same month.

9. On the 12th of the same month, 3 million won in the same account, 4 million won in the name of the Defendant’s designated account, and 2 million won in the name of the J designated by the Defendant, respectively, was acquired by deceiving 19 million won in total.

Summary of Evidence

1. Each legal statement of the witness F and the witness K;

1. Statement made by the police with regard to F;

1. Details of accusation, receipt of loan, contract for construction work, and account transaction;

1. Application of Acts and subordinate statutes to a report on investigation (F telephone call of the complainant - Specific relation to the amount of damage);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] of the general fraud category 1 (less than KRW 100 million).