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(영문) 서울동부지방법원 2014.01.22 2012고단3049

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On December 19, 2011, the Defendant stated that “A victim C who sought money of KRW 300 million from the purchase of a bill of KRW 450 million at the face value issued from the mother of a stock company to lend KRW 300 million at the discounted rate of KRW 450 million and received a discount of KRW 300 million for the purpose of the bill deposit and the bill deposit money,” seeking money from the victim C to prevent the use of a clan from going beyond the limit of auction as the head of a clan at the trade in the same clan shop near the Seo-gu, Gangnam-gu, Seoul.

However, the defendant did not have the intention or ability to lend KRW 300 million at the discount of the bill even if the bill was received from the victim.

Nevertheless, the Defendant received KRW 10 million from tin to 10 million under the name of the bill deposit, i.e., a bill deposit, and received KRW 21 million from the Defendant’s account under the name of the Defendant on December 21, 201.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 25, 2010, the Defendant concluded that, at the office of the corporate bond business entity E in Daegu D, “On the loan of KRW 100,000,000,000 among the loan of KRW 50,000,000,000,000,000 to the victim F (hereinafter “FF”) from the corporate bond business entity E, the Defendant borrowed KRW 42,000,000,000,000,000,0000,000,000,000,000,000 won.”

However, in fact, the defendant did not have any income because the business of the company operated as a bad credit holder was not well good, and there was no intention or ability to repay the debt even if he borrowed money from the victim because the debt was about KRW 167 million.

The Defendant received 50 million won from the victim as the treatment securities account in the name of the Defendant on March 3, 2010.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

[2012 Highest 3049]

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the C statement section);

1. Each police statement concerning C and G;

1. The certificate of borrowing;