beta
(영문) 대구지방법원 서부지원 2018.08.21 2017고단1840

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 2013, Defendant A may impose money on D and the victim E in a mutual influorial cafeteria in the middle-gu merchants’ alley in Daegu-gu, Daegu-gu, and where operating a entertainment room by leasing a “F cafeteria 2 empty shop” to the victim E.

It is expected that only 30 million won will assist in the lease of a store, the purchase of entertainment equipment, and the operation of entertainment rooms on the face of a week.

“A false statement” was made.

However, the defendant did not have the intention or ability to allow the victim to operate the amusement room by leasing the amusement room for the victim or purchasing the amusement machine.

The Defendant: (a) by deceiving the victim as above; (b) received KRW 4.5 million in cash from the victim of the damage on August 2013, 2013 in the name of the entertainment room opening expenses; (c) store lease; and (d) KRW 3.3 million in the national bank account in the name of the Defendant on August 23, 2013; and (d) KRW 5 million in total from the same account on August 29, 2013 to the same account in order to acquire KRW 12.8 million in total on three occasions.

2. The Defendants conspired to commit the crime in collusion with the Defendants to purchase entertainment equipment in Gyeonggi-do, in relation to the instant entertainment equipment business operator in relation to the victim E and the victim D before the “H” convenience store located in Daegu-gu, Seo-gu, Seoul, on August 31, 2013.

At its expense, E remitted 2.2 million won, and D makes a false statement in the amount of KRW 15 million.

However, the defendants did not have the intent or ability to purchase entertainment equipment for the victims and operate entertainment rooms.

As seen above, the Defendants received KRW 2,20,000 from the victims E to the national bank account in the name of Defendant A for the purpose of purchasing entertainment for the same day, and received KRW 14.2 million in cash from the victims D on the same day, and received KRW 1,4.2 million in total from the above national bank account.

Summary of Evidence

1. Defendants’ 1.