(영문) 창원지방법원 통영지원 2020.01.21 2019고단1249

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(영문) 창원지방법원 통영지원 2020.01.21 2019고단1249

사기

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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around December 30, 2017, the Defendant called the victim B, who was the branch, to enter into a contract for the apartment repair work, which was announced by the general viewing, and called, “A contract deposit is necessary to enter into a contract for the apartment repair work, which was announced by the general viewing, and if the contract is performed under the contract, the construction shall be completed and repaid, and if the contract is not performed, the down payment shall be refunded, and if it is not performed, the down payment shall be repaid immediately.”

However, in fact, the defendant tried to use the money received from the victim for the payment of the cost of living or the cost of construction materials, and there was no plan to use the money as the down payment for the above construction work, and the overdue debt amounting to approximately KRW 150 million, but the income did not amount to KRW 100,000 per month, and there was no intention or ability to pay it.

The Defendant, by deceiving the victim as above, received KRW 5 million from the Cbank account (Account Number: D) in the name of the Defendant on the same day.

On August 27, 2018, the Defendant stated that “Around August 27, 2018, the Defendant shall issue to the victim the agreement money with the fruits within 100% of the traffic accident payment, and shall transfer the amount of KRW 4 million to the account of the victim of the traffic accident, and shall pay the amount of KRW 1 million to the account of the victim of the traffic accident in cash.”

However, in fact, the defendant tried to use the money received from the victim to pay for the cost of living or the cost of construction materials, and there was no plan to pay the above agreed amount. Although the overdue debt reaches about KRW 150 million, the income did not amount to KRW 100,000 per month, there was no intention or ability to pay it.

The Defendant, by deceiving the victim as above, had the victim transfer KRW 4 million to the H Association account (Account Number: I) in the name of G on the same day, and received KRW 1 million in cash in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of the police against B, the defendant.

유사 판례

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-수원지방법원 안산지원 2018.03.20 2018고단53

-인천지방법원 2014.08.27 2013고단8477