(영문) 창원지방법원 마산지원 2020.03.24 2019고단286

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(영문) 창원지방법원 마산지원 2020.03.24 2019고단286

사기

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A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

B On March 21, 2018, at the (ju) EE Office of the operation of the D in Kimhae-si on the request of D to discount the 68 million won fake bill, B had the Defendant, who was the president of the subcontractor who was aware of the transfer transaction relationship, contact by telephone as to whether the bill discount is possible.

Accordingly, the Defendant made a false statement to B that “I would have a bill discount. If I send the bill discount of KRW 10,000,000,000 each time, I would like to have the bill discount of KRW 68,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.”

However, even if the defendant received KRW 10 million, he did not have the intention or ability to pay the discount of the bill by increasing the limit of the bill, and he was thought to use the bill for personal purposes such as employee's benefits.

As above, the Defendant deceivings the victim through B, and caused the victim to transfer the amount of KRW 10 million to the company bank account in the name of G, the spouse of the Defendant, under the pretext of the discount of bills, and acquired it by deception.

Summary of Evidence

1. Legal statement of witness F;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Details of passbook transactions;

1. The defendant and his defense counsel asserted that the defendant stated that "I would know about the bill discount amounting to KRW 17 million" at B's request for the bill discount while he had a claim amounting to KRW 17 million against B, and that there was no deception or deception.

However, in full view of the following circumstances that can be recognized by evidence, the fact that the defendant deceivings the victim through B, such as the facts of the crime, thereby deceiving the victim, and the intention of deceiving the defendant is also sufficiently recognized.

Therefore, the defendant and defense counsel's assertion cannot be accepted.

(1) The injured party shall affix a bill discount.

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