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(영문) 대구지방법원 2016.10.28 2016고단1700
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 11, 2009, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Daegu District Court for fraud, and on September 8, 2009 at the Daegu District Court for four months for fraud, and on July 30, 201, the Defendant was provisionally released on July 30, 201, and the parole period expired on October 2, 2010.

1. On October 25, 2012, the Defendant told the victim C at the coffee shop located near the Masan Station located in the Masan-dong, Busan, Busan, that “I will transfer the above solar power plant if I invest money to operate the Dsolar power plant.”

However, even if the Defendant received money from the victim, he did not have the intention or ability to transfer the solar power plant to the victim.

As such, the Defendant, by deceiving the victim and deceiving him as such, immediately thereafter KRW 15 million from the victim; KRW 10 million from March 20, 2013; KRW 10 million from March 27, 2013; and KRW 10 million from March 27, 2013; and

6. Police officers assigned KRW 4 million, while KRW 1 million around the 30th day of the same month to the Defendant’s account, etc. on five occasions in total.

2. On January 1, 2015, the Defendant called, “In order to obtain the completion of a DNA solar power plant, it is necessary to make a deposit to the said victim to enter into a contract with the Han River. To pay KRW 6,312,090 on behalf of the said victim, the Defendant would transfer the DNA solar power plant to a one-month period.”

However, as the Defendant has no particular property or income, and is also liable for a debt equivalent to 30 million won, the Defendant had no intent or ability to transfer solar power plants even if he receives money from the victim, as he/she is going to work together with many people to build the above solar power plant.

Around January 12, 2015, the Defendant, by deceiving the victim as such, had the victim pay the above-mentioned amount by proxy, thereby acquiring pecuniary benefits equivalent to the above-mentioned amount.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Part of the suspect interrogation protocol against the defendant.

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