(영문) 대구지방법원 2016.10.14 2016고단4053

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(영문) 대구지방법원 2016.10.14 2016고단4053

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A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. Around August 2012, the Defendant and D conspired to borrow 40 million won as the purchase fund of dry field by deceiving the victim E to the effect that the Defendant and D would operate a wholesale business with money lending to a sadyman, etc. without capital, and then cultivating the reduction field and selling the reduction field. The Defendant and D conspired to borrow 40 million won as the purchase fund of dry field by deceiving the victim E to the effect that “the 13 million won will be paid with the proceeds from selling the reduction within 3 months from the commencement of the business.”

D Around August 22, 2012, at the office of the office of the Cheongyang-gun Office of the Cheongyang-do Office of the Cheongyang-do Office, the victim made a false statement to the effect that “I will return KRW 40 million,000,000,000 and KRW 13 million,000,000,000,000,000,000,000,000,000 won, which was loaned to the lower end of November 2, 2012.”

However, the Defendant and D began business with only debt without capital, and paid not less than KRW 140 million for personnel expenses, and not less than KRW 30 million for other dry field sellers. In the case of reduced wholesale and retail businesses, the Defendant and D only expected that the profits would be a day-to-day after the fluctuation in the market price was uncertain, and there was no clear business plan. Therefore, within three months, the Defendant did not have the ability to add the victim with the intent to pay the above money and there was no intention or ability to pay the money.

D As above, around August 29, 2012, from the victim, the victim was sent KRW 40 million,000,000,000 to the victim’s mother G, which was deposited in the F of the Cheongdo Office of Cheongdo, and the victim’s mother G, and around September 29, 2012, the victim was delivered KRW 10,000,000,000 (10,000 won check) at the door of the Doldo at the seat of the Doldo in the Cheongdo-Eup-Myeon.

Accordingly, the defendant was given property by deceiving the victim in collusion with D.

2. The defendant's sole criminal conduct.

유사 판례

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