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Reasons
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(영문) 광주지방법원 목포지원 2018.08.10 2018고단459
사기등
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A defendant shall be punished by imprisonment for two years.

4,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On March 19, 2014, the Defendant entered into a contract with the Corporation’s civil engineering works and the premises restaurant operation right to the victim C in the office E of the Limited Company E, operated by the victim C, which was operated by the victim C, of the Seoul metropolitan city on March 19, 2014.

A false statement was made that the FF corporation will have the right to operate the restaurant on the premises of the FF corporation, if the payment is remitted to a vehicle dealer in order to purchase a car of coos.

However, the defendant did not have the intention or ability to grant the right to operate the cafeteria in the premises because he did not have the right to operate the cafeteria in connection with the transfer of the FF corporation.

As such, by deceiving the victim C, the Defendant received KRW 10 million from the Nonghyup Bank account of the automobile dealer H on March 19, 2014, and KRW 30 million on March 24, 2014 and KRW 40 million on March 24, 2014, under the pretext of the automobile price purchased by the Defendant from the victim C.

B. On April 16, 2014, the Defendant made a false statement to the victim C that the victim C’s E office operated by the victim C was stolen in large quantities, namely, “The victim C’s E office operated by the victim C, who was aware of the fact that the victim C was stolen in large quantities.”

However, the defendant did not have any intention or ability to find the pattern of dynamics through K representative.

As such, the Defendant, by deceiving the victim C as such, received from the victim C a delivery of KRW 1 million on April 16, 2014, KRW 200 million on April 20, 2014, KRW 15 million on April 21, 2014, KRW 7 million on April 22, 2014, and KRW 25 million on April 22, 2014.

2. The criminal defendant against the victim L is aware of the fact that C delivers 500 km to the victim L, thereby making a false statement as C instructs C to return.

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