Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2015 Highest 208]
1. On April 22, 2013, the Defendant against the victim C: (a) on the E hotel coffee shop located in Jinju-si D on April 2, 2013, and (b) on two occasions after the victim C lent KRW 10 million to the victim C
6. up to 30. 30.
However, at the time, the Defendant, who is in charge of the sales agency business of the F Industrial Complex Development Corporation, did not perform any construction work for about two years due to the issue of permission, etc., and did not receive the revenue from the sales agency business for at least two years, and there was no other source of revenue. Therefore, even if the Defendant borrowed money from the victim, he/she did not have any intent or ability to repay it after two months. As such, the Defendant deceiving the victim, thereby receiving KRW 10 million from the victim to the post office account in the name of the Defendant on the same day as the loan was borrowed from the victim.
It has the authority to take out all the rocks generated at the construction site, and the tin will be right by the tin.
An advance payment is required to be made to other persons in advance.
“The meaning was “...”
However, the Defendant was merely in charge of services such as the sale by proxy of I Co., Ltd., and did not have the authority to decide on the site of construction, and did not have the authority to take out tins at the site, and even if he received money from the victim as advance payment for removal of tin, he had the intent to use it for personal debt repayment, so eventually, the Defendant did not have the intent or ability to take
As such, the Defendant deceivings the victim as such, and then, from the victim to the post office account under the name of the Defendant on the same day as advance payment, is 30 million won.