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(영문) 서울중앙지방법원 2016.04.29 2015고단6753

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Around November 11, 2014, the Defendant, as the representative of D's waste disposal business, purchased 2.5 billion won from the victim E to the victim's (the head of the church located in Gangnam-gu, Seoul, the Republic of Korea) in the name-based certified judicial scrivener office located in Seocheon-si, Seoul, for the purpose of intermediate payment on November 19, 201, the Defendant purchased 2.5 billion won of construction waste in the Seo-gu, Incheon, Seo-gu, Incheon, which occurred in the business of Cheongcheoncheon-gu, Seoul, the amount of which is 6 million won, would transfer the construction waste business right to a person who invests in the business of 50 million won, and if the Defendant is unable to perform his/her business within 5 months, he/she may exercise his/her right with the establishment of collateral Security under the name of the Defendant's name as the down payment deposit, and received 30 million won in total from the victim to the account under the name of 30 billion won in total, 300 billion won in the remaining account.

However, at the time, the Defendant did not have the authority to dispose of the above construction wastes, and thereafter, at H established by the G association composed of the owners of the land located in the above construction wastes. Construction wastes are already treated of the above construction wastes. Rather, construction wastes are not renewable aggregate, but rather costing to dispose of the above construction wastes. Therefore, the Defendant did not have any intent or ability to normally transfer the above construction waste disposal right to the victim or to pay profits therefrom.

Ultimately, the Defendant, by deceiving the victim as above, received a total of KRW 400 million from the victim and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and I;

1. A document verifying transaction details and transaction details, contract, business plan, each content verification, each letter of certification, performance, official document, civil judgment, No. 358, No. 300, No. 3000,000,000,0000,0000,00000,0000,00000