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(영문) 서울남부지방법원 2020.10.14 2020고정1165

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant and the victim B decided to operate the cosmetic distribution business in Thailand.

On April 9, 2017, the Defendant made a false statement to the victim that “In order to operate C business, the local distribution and sale office needs to invest KRW 5,500,000 in the rent of the office.”

However, even if the defendant was paid rent from the victim, he did not have the intention or ability to rent the office.

Nevertheless, the Defendant, by deceiving the victim, received KRW 5,500,000 from the victim to the national bank account (E) in the name of D around April 12, 2017.

Accordingly, the defendant acquired 5.5 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The intent of the assertion is to receive 5.5 million won from the victim, but it is used to gather employees, vehicle sirens, and C companies related persons.

It did not obtain a universal office and did not intend to commit fraud.

2. According to the evidence duly adopted and investigated by this court, the following facts and circumstances can be acknowledged, and in light of this, it is sufficient to recognize fraud, such as the criminal intent to obtain the Defendant, including the criminal intent to obtain the Defendant.

On November 5, 2016, the Defendant left Korea as Thailand and served as a travel agent run by F.

B. Around April 9, 2017, the aggrieved party decided to jointly carry out the Defendant’s business related to C, a cosmetics distributor, by introducing F from F to F on the job page, F, which is a branch of F, and thereafter, the Defendant.