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(영문) 수원지방법원 안양지원 2014.01.21 2013고단239
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 16, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on May 27, 2010 and the judgment became final and conclusive on May 27, 2010.

The defendant is a person who was the representative director of J Co., Ltd., and the victim K is a representative director of L Co., Ltd., a specialized company for removal.

On November 15, 2008, the Defendant made a false statement to the victim at the J office located in Gangnam-gu Seoul, Seoul, stating that “The Defendant will take charge of the rearrangement project of N apartment reconstruction Association and O Redevelopment Association,” and that “The Defendant would have the Plaintiff make reimbursement within three months, including KRW 150 million, which was borrowed before lending KRW 200 million, due to the lack of financial standing.”

However, the fact was that the J Co., Ltd. operated by the Defendant was in excess of the obligation due to the loan of the project cost, and the Defendant was not able to receive the service cost within three months at the site of the management body, and the Defendant, the owner of the management body, was not a matter of decision-making, and thus, he/she did not have the intent or ability to receive the removal work within three months even if he/she borrowed the money from the victim.

Nevertheless, on November 20, 2008, the Defendant, by deceiving the victim as above, received KRW 200 million from the victim to the national bank account in the name of the Defendant under the name of the Defendant as the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each testimony of K, Q and R;

1. A protocol concerning the examination of the accused by the prosecution (including part and the replacement of the accused);

1. A written complaint (including the part attached to deposits, etc.);

1. Before the ruling: A investigation report (the first half and the second half and the second half of the suspects), the defendant's reasons for conviction, such as the lack of operating funds of the company, etc., shall be the JB

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