beta
(영문) 대전지방법원 2014.11.19 2014고단1984

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On January 7, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Petroleum and Petroleum Substitute Fuel Business Act, etc. at the Daejeon District Court, and the said judgment became final and conclusive on January 15, 2014.

【Criminal Facts】

On September 5, 2012, the Defendant made a false statement to the victim C, stating that “When investing in petroleum business, the Defendant would give a benefit of KRW 700,000 per month.”

However, in fact, the Defendant was unable to continue to engage in the business of manufacturing similar petroleum in the situation where he was designated from around December 8, 201, due to the suspicion of manufacturing pseudo petroleum, and escaped, and there was no other manufacturer, and even if receiving money from the victim, the Defendant did not have the intent or ability to invest in the business of manufacturing pseudo petroleum.

As such, the Defendant: (a) by deceiving the victim; (b) transferred KRW 15 million to the corporate bank account in the name of the victim living together on the same day from the victim; (c) transferred KRW 15 million to the same account on November 13, 2012; and (d) received KRW 25 million in cash under the same name as before the victims’ house in the Jung-gu Daejeon E in March 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. C Complaints;

1. A statement of investigation reports (Submission of Materials) and a statement of savings deposit transactions;

1. Previous records: Inquiries and inquiries, and the application of Acts and subordinate statutes of investigation reports;

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

1. It is so decided as per Disposition on the grounds that there is no previous conviction in the latter part of Article 37 and Article 39(1) of the Criminal Code dealing with concurrent crimes, but all damages are not recovered, and the first head of the judgment with regard to which the judgment has become final and conclusive, should be considered together with the crime of first head.