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Reasons
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(영문) 광주지방법원 순천지원 2013.11.27 2013고단1488
사기
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 2013, the Defendant had a victim D, who is operating C Office in Mineyang-si B, registered as a corporation after receiving a contract for construction work for the said C, and had the victim D, who is operating the said C Office, become a sub-contractor of large forest construction.

1. Around February 14, 2013, the Defendant stated in the above C office that “Around February 14, 2013, the Defendant knew of the head of the Daelim Construction Division, who works at the construction site of the EA school, is aware of the victim, and the cost of the LAF is required to receive orders for the construction of steel structure at the site, and two million won is changed.”

However, the defendant did not know about the chief of the Daelim Construction Department, and there was no intention or ability to receive the steel structure construction from the victim even if he received money from the victim because he did not give a contract to an individual company.

As such, the Defendant, by deceiving the victim, received KRW 2 million from the victim to the Agricultural Cooperative Account in the name of the Defendant’s mother F, under the name of “G” account.

2. On March 5, 2013, around March 5, 2013, the Defendant stated in the above C office that “Around March 5, 2013, the Defendant would remove the seizure and transfer the old account to C corporation if the Defendant lent 16.8 million won to the Construction Mutual Aid Association (2.40 million won) which was invested in the construction mutual aid association through a comprehensive construction in the name of the head of the relevant C office.”

However, in fact, the Defendant merely made a false statement for the repayment of personal debt, and did not have any intent or ability to transfer the invested share to the victim even if the Defendant borrowed money from the victim due to the lack of such investment.

As such, the Defendant, by deceiving the victim, received KRW 16 million from the victim to the Agricultural Cooperative Account in the name of the Defendant’s motherF on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions against the Defendant.

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