beta
(영문) 의정부지방법원 2014.08.07 2014고단58

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant said that, around May 201, at the office of “C,” the victim D, who works for the Defendant in Seocho-gu Seoul Metropolitan Government, invested KRW 25 million in the import external rental business and invested KRW 25 million in the E company that is scheduled to establish the Republic of Korea, the Defendant would pay 10% of the investment amount with the revenue of the import external rental business and pay 5% of the shares of the company to be incorporated.”

However, even if the defendant received money from the victim, he did not have the intent or ability to pay the stocks to the victim by using it for the loan free business or by establishing the E company.

On May 19, 201, the Defendant, by deceiving the victim, received KRW 50 million from the victim to the national bank account (F) in the name of the Defendant on May 19, 201.

2. On July 14, 201, the Defendant stated that “If the said victim was a software business that can pay a card using a smartphone and has invested KRW 5 million, the Defendant would have the exclusive right of Jeju-do over the said business.”

However, even if the defendant received money from the victim, he did not have the intention or ability to exercise the right to monopoly by implementing the above business.

The Defendant, by deceiving the victim as such, received KRW 5 million from the victim’s bank account on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. A protocol concerning the examination of the accused by the prosecution (including DNA statements);

1. Each police statement made to D, G, and H;

1. The defendant and his defense counsel asserted that the defendant did not deceiving the victim, and that the defendant did not have any criminal intent to acquire the victim, such as the remittance records of the passbook, the promotional materials of the program, the entry and exit records of the national bank of the suspect, the copy of the passbook, and the copy of the passbook, the defendant and his defense counsel.

However, this shall not apply.