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(영문) 서울동부지방법원 2019.06.20 2019고단1169

사기

Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 5,00,000 won, and Defendant C shall be punished by imprisonment for four months.

Defendant .

Reasons

Punishment of the crime

Defendant

A is the director of the "E" in Yongsan-si D, and Defendant B and C are the persons who were the criminals of the above Taekwondo hall, respectively.

After raising the number of Taekwondo tickets falsely, the Defendants conspired to acquire the premium by transferring the above Taekwondo tickets, and Defendant A made a false statement to the effect that “I will continue to engage in a criminal act for which I will continue to receive the Taekwondo tickets” to the victim F in the above Taekwondo ground around 22:00 on October 19, 2018. In addition, the Defendants made a false statement to the effect that “I will take over the Taekwondo 73 million won as premium,” and that “I will continue to engage in a criminal act for which I will take over the Taekwondo mar.”

However, in fact, 50 of the above Taekwondo ground inspectors were registered falsely in the attendance book, or did not actually take place only during the transfer period. Thus, the Defendants did not have the intention or ability to transfer the Taekwondo ground with 115 members to the victim. Defendant B and C did not intend to work together with the victim even if the victim accepted the above Taekwondo ground.

The Defendants received KRW 73 million on the same day from the victim’s G bank account in the name of Defendant B as premium, KRW 32850,000 on November 1, 2018, and KRW 32850,000 on November 6, 2018.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. The police statement concerning F;

1. A complaint;

1. Details of transfer of accounts, list of Taekwondo Halls, and contract for acquisition or transfer of rights;

1. Application of Acts and subordinate statutes to each investigation report (Evidence List Nos 18, 24);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A and C: Articles 347(1) and 30 of the Criminal Act (Overallly, choice of imprisonment)

B. Defendant B: Article 347(1) of the Criminal Act.