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(영문) 대전지방법원 홍성지원 2013.12.19 2013고합43
특정경제범죄가중처벌등에관한법률위반(사기)
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A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

Around May 3, 2012, the Defendant, at the coffee 202, supplied the victim C through a free contract at the “cat 202” coffee shop located in Bohyeong-si, Bohyeong-si, stating, “The Defendant would supply the wire from the national power plant through a hydroelectric power personnel, and would be supplied with the electric wires emitted from the Bohyeong-si power plant, with a deposit of KRW 1 billion,000,000,000,000,000,000,000,000 won.” The Defendant received from the victim a transfer of KRW 50,500,000,000,000 from D’s corporate passbook (Account Number E) around May 4, 2013.

However, in fact, the defendant did not agree to receive the waste cables from the Bodog power plant through a private contract, and even if he received the above money from the victim, he did not have the intention or ability to deliver the waste cables to the victim because he did not want to use the above money as the personal debt repayment.

Accordingly, the defendant was given a delivery of KRW 500 million by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. Investigation reports (attached documents of suspect financial transactions and details of transactions of passbooks);

1. Application of Acts and subordinate statutes on contracts and petitions;

1. Determination on the assertion of the defendant and his/her defense counsel under Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347(1) of the Criminal Act concerning the crime

1. The summary of the argument is that the Defendant actually had the intent and ability to deliver the waste cable to the victim, and therefore there was no intention to commit the crime of defraudation.

2. Whether a crime of fraud is established shall be determined at the time of deception, and the existence of the criminal intent of defraudation, which is a subjective constituent element of fraud, shall be determined at the time of deception, unless the defendant makes a confession.

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