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(영문) 서울중앙지방법원 2013.04.12 2012고단1841
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 4, 2011, the Defendant was sentenced to eight months of imprisonment for fraud at the Daejeon District Court, which became final and conclusive on January 27, 2012.

On March 31, 2005, the Defendant established a right to collateral security of KRW 120 million against the land and building in Yeongdeungpo-gu, the maximum debt amount of which is KRW 120 million on April 15, 2005, on the part of the Defendant: “The Defendant operated a kimchi factory in the name of F, and supplied kimchi to TV home shopping.” On the other hand, the Defendant, on April 31, 2005, provided that, on the security of the payment debt, the Defendant would settle some of the payment around April 25, 2005.” The Defendant, on March 31, 2005, established a right to collateral security of KRW 120 million with respect to the Defendant’s land and building in Young-gu, Young-gu, Seoul, as a collateral for the payment debt.

However, in fact, the defendant was not operating a kimchi factory normally at the time, and the above land and buildings offered as security had no collateral value due to the establishment of senior collateral security right, so even if the defendant was supplied to the injured party on credit, there was no intention or ability to pay the price.

Around April 1, 2005, the Defendant: (a) around April 1, 2005, 10,000 km powder powdering from the victim; (b) around April 5, 2005, at the market price of KRW 21 million; (c) around April 7, 2005, 30,000 g of the market price of KRW 31.5 million; and (d) around April 13, 2005, supplied 30,060 g of the market price of KRW 30,60,000,000 at the market price of KRW 94.1 million; and (e) supplied 80,00 g at the market price of KRW 4.1 million.

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

Summary of Evidence

1. Partial statements of each police interrogation protocol against the accused;

1. Each prosecutor's office and police statement concerning D;

1. Previous records of judgment: Application of the Acts and subordinate statutes of Daejeon District Court No. 2011No. 1659, which is attached to investigation reports (the attachment of previous records of the same type and the judgment);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

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