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(영문) 서울동부지방법원 2015.05.28 2014고단2892

사기

Text

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

Around October 2007, the Defendant made a false statement to the effect that “The Defendant would purchase the snoves at a price lower than the cost,” at the office of a company operated by the victim C in Gangseo-gu Seoul Metropolitan Government, and that “the Defendant would purchase the snoves at a price of KRW 40 million with the purchase price.”

However, even if the defendant received the above money from the victim, he did not have the intention or ability to purchase the Switzerland.

Nevertheless, on November 8, 2007, the defendant was delivered KRW 40 million as the purchase price for Snominium around November 8, 2007 by D, who is an employee of the above victim operation company.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about C (including D's statement part);

1. Application of each Act and subordinate statute to cash storage certificates and copies of bankbooks;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that the court misleads and reflects the truth, and the fact that the victim has agreed smoothly with the victim);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;