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(영문) 서울서부지방법원 2014.11.26 2014고단2751
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is the representative of corporation C.

Around September 10, 2004, the Defendant made a false statement to the victim’s F office operated by the victim E in Gangnam-gu Seoul Metropolitan Government, stating that “The Defendant was awarded a successful bid for the lock-out A and B commercial zone leased by the Seoul Metropolitan Urban Railroad Corporation, borrowed KRW 50 million at the cost of down payment and installation of facilities, and he did construction if, on October 1, 2004, the Defendant sold the goods in this kind from the Hanman to the November 1, 2004.”

However, the defendant thought that he will use the money in a different place under the pretext of receiving money from the victim, and the defendant did not have any intent or ability to pay the money up to the date of the promise to the victim because he did not have any capacity to pay the contract amount of KRW 101,50,000 to receive the successful bid in the Seoul Urban Railroad Corporation, contract deposit of KRW 10,150,000,000, and approximately KRW 15,225,000,000, and approximately KRW 7,000,000,000,000 for the installation cost of commercial facilities. On the other hand, even if 50,000,000,000 won for the planned commercial building is only 70,000,000 won per month, and thus, he did not have any intent or ability to pay the money up to the date of the promise to the victim.

As can be seen, the Defendant, by deceiving the victim and deceiving the victim, through G account in the name of Co., Ltd. in the name of the victim C, obtained 30 million won around September 13, 2004, and obtained 20 million won on the 17th day of the same month and acquired 50 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including a cross-examination);

1. Statement of each police statement of E and H;

1. Application of the Acts and subordinate statutes governing the details of bankbooks and trade inquiries;

1. Determination on the assertion of the defendant and his/her defense counsel under relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts

1. The alleged defendant.

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