beta
(영문) 인천지방법원 2013.10.31 2013고단1239

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 5, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Illegal Check Control Act at the Incheon District Court, and the judgment became final and conclusive on January 25, 2013.

【Criminal Facts】

On September 23, 2011, at the D Hospital office located in Changwon-si, the Defendant: (a) supplied electronic equipment, such as air conditioners, TVs, etc. installed in the said hospital through E, through the Defendant’s employees, to the victim F; and (b) supplied the electronic equipment equivalent to KRW 9,266,00,000 in total; (c) paid the price in cash on October 31, 201; and (d) made a written agreement to pay 14% arrears per annum if payment is not possible.

However, in fact, G Co., Ltd., a real executor of the above hospital, at the time, was established for the sale of the above hospital around January 2009, and there was no particular profit and property. Rather, in the event that the Defendant collected loans from the Savings Bank and accumulated the liabilities of approximately KRW 6.9 billion in total amount of KRW 8.1 billion in unpaid construction payment, the loans from other financial institutions were not made, and the site and building of the above hospital was owned by the K non-Real Estate Trust Co., Ltd. on May 12, 201, and the decision to commence auction was made on August 26, 201 upon the request for sale by the Korea Asset Management Corporation on August 26, 201, and thus there was no intent or ability to pay the above fees, even if the electronic equipment was supplied by the victim.

Nevertheless, the Defendant, as seen above, by deceiving the victim, obtained from the victim the total sum of KRW 9,266,00 from September 30, 201, and acquired the electronic equipment from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, H, I, and E;

1. Police suspect interrogation protocol regarding E;

1. Part of the prosecutor's office and the police's statement;

1. Investigation report (Attachment of a notice of the decision on the extension of credit to a fisheries cooperative);

1. A previous conviction in judgment: