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(영문) 인천지방법원 2015.09.03 2015고단2886

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Fraud;

A. On June 16, 2014, the Defendant, as the representative director of D, made a false statement to the employees, such as G, I, etc., of the victim DNA Co., Ltd. at the F coffee shop located in Gangnam-gu Seoul, Gangnam-gu, and that “I would be ordered to receive an order from capital. I would be expected to receive a Kashoo and a fund-related contract from G from the manufacturer, thereby having the victim enter into a capital contract for Kashoo which is equivalent to H and 46,200,000 won.”

However, as the defendant needs personal funds to H, the defendant entered into a fund contract with the victim and received the payment from the victim and asked him/her to return it.

As above, the Defendant, by deceiving the victim, had the victim transfer KRW 46,200,00 from the victim to H as the price.

B. The Defendant written indictment around June 10, 2014 stated “Around June 20, 2014,” but this appears to be a clerical error in “Around June 10, 2014.”

(Evidence Records No. 2 Book 56, No. 56, No. 1, No. 51). The F coffee shop located in Gangnam-gu Seoul Metropolitan Government makes a false statement as referred to in paragraph (a) to employees, such as I, etc., of the victim company, and let the victim make a false statement in the bill of indictment, but this appears to be a clerical error in the “J”.

(Evidence No. 2, No. 89) No. 150 and No. 150 were made to enter into a financing contract.

However, the defendant, the representative of J, entered into a false contract with the victim, such as paragraph (a), and received the payment from the victim and asked him/her to return the payment other than a certain fee to him/her.

As above, the Defendant, by deceiving the victim as above, got the victim to transfer KRW 35,145,00 from the victim to H as the price.

2. The Defendant who forged private documents shall use computers in the Gangnam-gu Seoul Metropolitan Government K Building around June 26, 2014.