beta
(영문) 대구지방법원 영덕지원 2016.06.01 2015고단199

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On June 20, 2008, the Defendant shall obtain permission by creating documents necessary for the development of tin acid from D offices located in Yong-gun, Chungcheongnam-gun, Kim Young-gun on June 20, 2008, and from the victim G who seeks to develop tin acid from the Gyeong Young-gun, Kim Young-gun, Inc. in the name of E Co., Ltd.

Therefore, it was false to the effect that the cost is required to return money.

However, even if the defendant received money from the injured party, he did not have an intention or ability to make documents necessary for the development of tinsan and submit it to the competent authority to obtain permission for the development of tinsan.

As above, the Defendant, as well as by deceiving the victim as above, received KRW 3 million from the victim to the H’s account from the victim, and received KRW 3 million from around that time to October 14, 2008, by remitting KRW 35,500,000,000 from the victim on seven occasions, such as the list of crimes (1) in attached Form (1).

2. Around November 21, 2008, the Defendant made a false statement to the effect that “A person would repay money to the victim G by December 5, 2008, if he/she lends money to the victim G, at the place specified in paragraph 1, at a time.”

However, at the time of the port, the Defendant planned to use the above funds for the extraction of aggregate from land in academic circles at the long time, but failed to obtain permission for the extraction of aggregate from the time (the first permission obtained in the name of Company I was December 8, 2008). Even if the permission was obtained, it was practically impossible to repay the borrowed funds within two weeks after the borrowing through the extraction of aggregate. In addition, the Defendant did not have the intent or ability to repay the borrowed funds to the victim because the Defendant did not have any economic capacity, such as any property that would change.

The Defendant, as such, deceiving the victim and deceiving the victim to account under the H’s name on November 21, 2008, and KRW 10 million on November 28, 2008, and KRW 5 million on November 28, 2008.