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(영문) 창원지방법원 2014.11.04 2014고단2167
사기
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1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. The criminal defendant against the victim C is a person who has been engaged in the business of selling machinery tools with the trade name referred to in D 105 E in Changwon-si.

On July 23, 1998, the Defendant made a false statement to the victim G office operated by the victim C, Changwon-si, that “I will supply the victim with an 3th cost measuring instrument of 120 million,00,000 won, per week, by December 10, 1998.”

However, in fact, even if the defendant receives the purchase price from the victim, the defendant was thought to consume the victim's personal debt, but did not have the intent or ability to purchase the third source measuring instrument.

On August 3, 1998, the Defendant, by deceiving the victim, received one promissory note with a face value of KRW 12,543,760 from the victim as the down payment. On August 31, 1998, one promissory note with a face value of KRW 20,774,500 for the intermediate payment. On September 8, 1998, one promissory note with a face value of KRW 12,400,000 for the intermediate payment. On September 23, 1998, the Defendant acquired four promissory notes with a face value of KRW 25,581,60 for the intermediate payment, and acquired four promissory notes with a face value of KRW 71,29,860 for the total face value of KRW 4 times.

2. On October 7, 1998, the criminal defendant against the victim H made a false statement to the victim H, stating that “The last bill of every eight days must be returned to the victim H,” and “the defendant will prevent the payment of money within a week if he/she lends KRW 15 million to the victim H.”

However, the defendant did not have the intent or ability to repay even if he borrowed money from the victim due to the financial difficulties of the company.

The defendant deceivings the victim as such and receives from the victim the amount of KRW 10 million on October 8, 1998, and the same month.

9. Upon receipt of KRW 4 million, 15 million in total shall be acquired by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each police protocol of statement to H and C

1. Criminal facts;

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