(영문) 인천지방법원 2019.07.23 2018고단8596

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(영문) 인천지방법원 2019.07.23 2018고단8596

사기

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2018 Highest8596]

1. On September 15, 2016, around September 15, 2016, the Defendant concluded a false statement that “A” office of “D’s operation of the Victim C, which carries on a blodial business located in Seocho-gu Seoul Metropolitan Government, is the head of the Social Welfare Foundation E. F corporation is the head of the Social Welfare Foundation E. F corporation. It is possible to supply goods with the top priority to various organizations or public institutions, and thus, if traded with the F company, the supply performance may be enhanced. Around September 15, 2016, the Defendant made the F corporation G’s representative G, which is the F corporation, repay the F corporation’s debt amounting to KRW 20 million.”

However, the Defendant used the division of social welfare foundation E to take charge of business and serve as the head of the headquarters. However, in order to conclude a contract with E, the Defendant did not have a position to independently conclude a contract with the consent of the representative G and did not have an intention or ability to allow the company operating the victim to engage in transactions with E, and there was no intention or ability to pay the borrowed amount of KRW 20 million.

Nevertheless, the Defendant received from the victim the total sum of KRW 21 million from October 8, 2016 to January 6, 2017, as indicated in Nos. 1, 3, 4, and 5 of the List of Crimes in Attached Table 1, 3, and 5.

Accordingly, the defendant was given property by deceiving the victim.

2. Around May 1, 2017, the Defendant made a false statement to the victim C, stating, “Around May 1, 2017, the Defendant borrowed KRW 10 million to the J, so that he/she may deposit the booms in the process of his/her business.”

However, there was no specific plan to have the victim company stay in the J, and there was no intention or ability to have the victim company enter into a contract with the J, and there was no intention or ability to pay 10 million won to the victim company.

Nevertheless, the Defendant received 4.9 million won from the victim to the I account in the name of the Defendant.

유사 판례

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-의정부지방법원 2014.05.22 2014노158

-인천지방법원 2013.03.29 2012고단11953