(영문) 부산지방법원 2014.07.03 2014노666 | 리걸엔진

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(영문) 부산지방법원 2014.07.03 2014노666

사기

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The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds of appeal in light of the following: (a) at the time of the instant contract, the Defendant had a debt worth KRW 200 million to the Defendant; (b) the Defendant consumeds the entire deposit immediately after the contract; (c) the Defendant did not have any other property; and (d) the Defendant received a separate scrap metal payment from the victim, etc., the lower court acquitted the Defendant of the facts charged in this case on the ground that the Defendant was not guilty of the crime of defraudation, on the ground that the lower court did not recognize

2. Determination

A. The summary of the facts charged is the representative director of the Dispute Resolution D who had a presses processing business, etc. in Kimhae-si, Kimhae-si.

On May 25, 2010, the Defendant concluded that, at the office of the said company, the victim E, a scrap metal of KRW 120,000,000,000 for every two years, would be supplied every month to the victim E, a scrap metal of KRW 70-80,000. The deposit money was stored until the contract is terminated, but is returned and used.”

In fact, the defendant did not have an intention or ability to return the deposit money when the contract is terminated for the supply of scrap metal promised to the victim due to the aggravation of the corporate operation situation.

Nevertheless, as above, the Defendant, by deceiving the victim as above, obtained KRW 120 million from the victim as the same day deposit money, and acquired it by defrauded.

B. The deposit money paid by the victim to the Defendant is the security when the victim is provided with scrap metal and does not pay the deposit money. Ultimately, the amount that should be returned to the victim unless the victim does not perform his/her obligation.

Therefore, if the defendant, without the ability to return it, receives money in the name of the deposit and takes money, the intention of deception can be fully recognized.

The evidence duly adopted and examined by the court below and the trial court is recognized.

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