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(영문) 서울중앙지방법원 2015.11.04 2014고단3307

사기

Text

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

Reasons

Punishment of the crime

On March 18, 2013, the Defendant: (a) at the G (ju) office operated by the Victim FF (47 years of age) located in the seventh floor of the Gangnam-gu Seoul E-building (Seoul) in G (ju office, “the Defendant was donated from H with the white times, and there was a 3 billion foot appraisal report on the said fire; (b) the Chairperson was a person who made an appraisal in a museum located in France; and (c) even I was a person who made an appraisal in a museum located in France, and (d) said person was more than 3 billion won, and said person was said to have been more than 3 billion won. If the Plaintiff received an appraisal report from the professor of the East-gu K of the Republic of Korea, J made investments in KRW 3 billion, and operated the historical museum at the reinforcement of the establishment of L with this money. For the purpose of appraisal, the Defendant transferred KRW 100,000,000,000 to H bank under the name of the victim.”

However, the facts are that the defendant did not receive the above Buddhist prize from the above H, and that there was no past 3 billion won written appraisal of the above Buddhist prize from the past, and I did not have any knowledge of the fact, and that the above Buddhist prize was a person with no knowledge of the fact, and that there was no value equivalent to 3 billion won due to the fact that H had been kept in his own Section.

Nevertheless, the Defendant deceptioned the victim as above, and then, from March 18, 2013 to April 25, 2013, the Defendant acquired a total of 71,639,996 won or pecuniary gains from the victim through 24 times, as stated in the crime inundation list.

Summary of Evidence

1. Each legal statement of the witness H and M;

1. Partial statement of witnessN in the second protocol of the trial;

1. Each statement of N and F in the suspect examination protocol of the accused by the prosecution;

1. Each statement of M, F,O, and H in the suspect examination protocol of the accused by the prosecution (second time);

1. A P business agreement;

1. Settlement of L operating expenses (2j), and (3)

1. Each written confirmation of settlement of accounts (the sequence 9, 12, 15, 17 of the evidence list);

1. Account transactions, copies of bankbooks (G).