(영문) 대전지방법원 홍성지원 2015.02.16 2013고단1115

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(영문) 대전지방법원 홍성지원 2015.02.16 2013고단1115

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 16, 2011, the Defendant made a false statement to the victim C during the mediation procedure of the damage compensation case No. 2010da12274 in Seocheon-dong, Seocheon-si, Seocheon-si, Seocheon-gu, Daejeon. The Defendant paid 37.5 million won to the victim until December 31, 201, and the victim adjusted the agreement that “after having a vessel engine owned by the victim, after having a group of engines owned by the victim, sold it to others, and deliver the proceeds equivalent to KRW 37.5 million to the victim.” On the same date, the Defendant paid 37.5 million won to the victim until December 31, 201, and the victim adjusted the agreement to the effect that “the Defendant is delivered to the victim for repair by May 31, 2011.”

However, the Defendant had no intention or ability to deliver the sales proceeds to the victim even if the vessel engine repair company, which was operated by the Defendant, was faced with business difficulties at the time when the vessel engine repair company, was unable to repair the engine properly, and even if the engine was sold, there was no intention or ability to deliver it to the victim.

Nevertheless, on May 201, the Defendant, by deceiving the victim as above, was handed over one ship engine at the market price of KRW 37.5 million owned by the victim to the police officer on May 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C;

1. Legal statement of the witness D;

1. Answer to each order to submit a military production report and the NICE Evaluation Information Co., Ltd.;

1. Mediation protocol;

1. Application of the Acts and subordinate statutes to the complaint;

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the defendant who is selected to imprisonment and his/her defense counsel

1. The summary of the argument was the ability of the Defendant to repair the instant engine at the time of receiving the instant engine, and had the intent and ability to deliver money to the victim to sell and receive the instant engine.

2. Determination as to whether a crime of fraud is established should be determined at the time of fraud.

참조조문

-형법 제347조 제1항

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