(영문) 대전지방법원 홍성지원 2013.03.29 2012고단604

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(영문) 대전지방법원 홍성지원 2013.03.29 2012고단604

사기

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around October 31, 2007, the Defendant demanded KRW 7 million for the amount of KRW 7 million for the feed distribution machine installed by the Defendant before the Defendant was in the house of the Victim D located in Chungcheongnam-gun, Chungcheongnam-gun, the Defendant made a false statement to the effect that “The amount of KRW 14 million for the feed distribution machine to be installed immediately due to the lack of ethm situation shall be changed in advance. Upon receiving the amount of the flow measurement machine, it shall be installed immediately.” However, even if the Defendant received the amount from the victim in advance, it was considered that it was used as office funds, etc., and there was no intention or ability to install the flow measuring machine to the victim. Accordingly, on November 1, 2007, the Defendant received KRW 21 million from the victim to the agricultural bank of the Defendant under the name of the head of the agricultural bank (E) and acquired KRW 14 million for the flow measurement machine.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses D in the third protocol of the trial;

1. The defendant and his defense counsel asserted that although the defendant did not make a request, the victim remitted 14 million won to the defendant even though he did not request, the defendant requested the importer of the flow meters to import the machinery, but the defendant did not install the flow measuring instrument and did not intend to acquire the flow measuring instrument from the victim because of the importer's financial situation.

However, according to the above evidence, even though the defendant is in principle to pay the price after the original flow measuring instrument was installed, the defendant requested the victim to pay the price in advance. At that time, the defendant had almost no property and had a liability to pay the price to many business partners. The defendant is an importer of the flow measuring instrument and the defendant before receiving the flow measuring instrument price from the victim.

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