(영문) 대전지방법원 2015.12.23 2015고단1969

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(영문) 대전지방법원 2015.12.23 2015고단1969

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On May 1, 2013, the Defendant was sentenced to imprisonment with prison labor for six months and two years of suspension of execution for fraud at the Daejeon District Court on May 1, 2013, and on July 7, 2014, the Daejeon District Court issued a summary order of a fine of three million won to be a crime of fraud and was sentenced to a total of four times of punishment for fraud.

On September 18, 2014, the Defendant stated that “The Defendant would pay the victim the price immediately within the face of the supply of materials necessary for the construction site, which is the E office for the victim D’s operation in Daejeon Dong-gu, Daejeon.”

However, there is no particular property or income, and there is no intention or ability to pay the price of the material to the victim as agreed, because there is more than 60 million won of personal debt.

Nevertheless, the Defendant received materials equivalent to KRW 10,340,792 in total of market prices, such as 196, 196, 19, 8, 1, 1, 284, and 284, from the victim on the same day.

Around January 9, 2015, the Defendant made a false statement to the effect that “The Defendant would pay principal three days after the loan of funds, and distribute half of the profits accrued from the supply of fertilizers to the environment-friendly fertilizer factory” to the victim H in the G Cargo Office located in the Dong-gu Daejeon Daejeon District Court on the following grounds: “When the raw materials of fertilizers are supplied to the environment-friendly fertilizer factory, the principal will be repaid three days after the loan of funds.”

However, the defendant was thought to pay his personal debt with the borrowed money from the victim, and there was no intention or ability to pay the borrowed money by supplying the raw materials of fertilizers to the eco-friendly fertilizer factory.

Nevertheless, the defendant acquired 10,000,000 won from the victim's bank (I) in the name of the defendant for the same day as the loan money from the victim.

Summary of Evidence

"2015 Highest 1969"

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Certification of the details of the complaint, the Director of the Customer, and the Director of the Customer.

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