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(영문) 서울남부지방법원 2012.11.29 2012고단3153

사기

Text

A defendant shall be punished by imprisonment for six 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. On November 23, 2010, the Defendant made an interview program to the victim F via E at the Yangcheon-gu Seoul coffee shop to the effect that “The Defendant, on November 24, 201, has created an interview program to be able to see the other party’s plaque in the Korean-style game or tele-scam game, etc.” The Defendant may be punished at least KRW 100 million per month in the development of the program. The office rent or employees are insufficient. The amount of money to more employ the office rent or employees is insufficient. By February 201, the Defendant deposited KRW 35 million in the down payment to be developed until February 201, and if the program is developed, the remaining KRW 45 million in the face of the development of the program is deposited into the down payment to be deposited to the rest of KRW 45 million from the victim E, thereby, was remitted from the victim via E. < Amended by Presidential Decree No. 22426, Nov. 24, 2010>

2. On February 28, 2011, the Defendant concluded that “The victim F and the victim E deposit additional money in connection with the program development” in the same manner as the preceding paragraph in the Yangcheon-gu Seoul Metropolitan Government Ga coffee, and received from the victim each five million won from the victim around the 28th day of the same month, respectively.

However, at the time, the defendant was urgently required for living expenses, so most of the defendant thought to use the above programs as living expenses rather than the development of beauty programs with money from the victim, and in fact, it was unclear whether the above programs are produced or not, so there was no intention or ability to develop the program normally.

Nevertheless, the defendant deceptioned the victim and acquired the total of KRW 45 million from the victims on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police interrogation of the accused (including a cross-examination of the F or E);

1. Statement of the police statement concerning F;

1. Each complaint, a detailed statement of deposit and withdrawal transactions, a certificate of borrowing, a statement of payment, and an Internet admission output;