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(영문) 서울동부지방법원 2013.06.28 2013고단432

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 14, 2009, the Defendant conspired with B (Death on December 17, 2009) and told C Office in Seocho-gu Seoul, Seocho-gu, Seoul, that “The Defendant left the F University Seocheon Campus D’s New Site located in the YYYYY YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

However, the Defendant did not take charge of electric installations at the construction site of the F.M. dental college, and even if he received money from the victim, he did not have the intention or ability to have the Defendant operate the restaurant.

The Defendant, by deceiving the victim as above, received KRW 19 million from the victim to the corporate bank account (G) in the name of the Defendant, and KRW 1 million from the post office account (H) in the name of B.

In collusion with B, the Defendant acquired a total of KRW 20 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. A statement of reference witnesses (I);

1. Application of Acts and subordinate statutes on investigative reporting, including an agreement on a bareboat restaurant, each payment note, a copy of a passbook, a warrant of search, seizure and verification, and reply;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. It is a letter that does not have a substantial amount of defraudation under Article 62(1) of the Criminal Act, among them, 5 million won was paid to B, and it seems that a considerable amount was paid to J as an intermediate individual, and the profits actually acquired by the Defendant seems to significantly fall short of the amount of defraudation. The criminal investigation process conducted the criminal investigation and expressed his/her intent to make efforts to pay damages in the future. Although there are relatively minor criminal records of a fine, there may be relatively minor criminal records, the Defendant’s age, character and behavior, environment, motive and background of the criminal act, and the result of the criminal act.