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Reasons
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(영문) 대구지방법원 2016.11.24 2016고단2106
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 2015, the Defendant stated that “Around March 2015, the Defendant would return KRW 80,000,000,000 to the victim C (the age of 47) at the construction site of Suwon Pungdong-gu, Daegu Pungdong, indicating an agreement, quotation, etc. on the change of lighting equipment in D, and “Around 50,000,000 won was incurred to replace lighting equipment.”

However, in fact, D had already discontinued its business, and the defendant had no intention or ability to repay money from the victim even if he borrowed money due to the lack of any fact of the contract with D.

As above, the Defendant, by deceiving the victim, and deceiving him/her from the victim on March 24, 2015; the same year;

5. 14. 20 million won was remitted to the Daegu Bank Account under the name of the Defendant and acquired by fraud.

Around May 2015, the Defendant stated that “Around May 2015, the Victim F in Daegu-gu, Daegu-gu, would have contracted for electrical construction to D, and if the Defendant lent KRW 20 million necessary for the construction, he/she will complete the construction after the tin month and offer KRW 28 million to D.”

However, there was no intention or ability to pay 28 million won to the victim after receiving construction orders from D because D had already discontinued the construction contract, and the defendant did not conclude the construction contract with D.

As above, the Defendant, by deceiving the victim as above, received from the victim to the Daegu Bank Account in the name of the Defendant, KRW 10 million on June 3, 2015, and KRW 10 million on June 4, 2015.

Summary of Evidence

"2016 Highest 2106"

1. Partial statement of the defendant;

1. C’s legal statement;

1. A delivery contract, a statement of estimate, and work photographs;

1. Certificates of deposit transactions;

1. Each investigation report (the confirmation ofG, etc., telephone conversations with D persons concerned, and the statement hearing report by HD head of the management office) and defense counsel shall deny the criminal intent of the criminal defendant by fraud;

However, the victim is specific and consistent.

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