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(영문) 서울중앙지방법원 2017.02.10 2016고단6340

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

B. The summary of the judgment on Defendant B is not known to the public.

Reasons

Punishment of the crime

Defendant

A is the representative director of (ju) H (hereinafter referred to as “H”) with the main purpose of consulting business start-ups.

Defendant

A around February 22, 2013, around 2013, arranged the victim I by telephone to allow the victim I to operate a sports store "K" in J in this respect, but went away from the interview examination due to lack of qualification due to the party experience. In this time, A is responsible for the "L" beverage and the "M" coffee store store.

The cost of the sale of the leased property, such as the lease deposit and the fee for the interior work, is KRW 100 million, and the “M” is KRW 300 million.

Therefore, the end payments and intermediate payments were made first to B, and the end payments were made differently at the time of entering the Fund.”

However, even if Defendant A received the said money, it was urgently needed to use the Company Operation Fund, and Defendant A had the victim enter into a contract with “L” head office and “M” head office, and had the owner of “M” head office and the store enter into a lease contract with “N” (ju) and did not have any intent or ability to have the owner of the said Aullet store enter into the lease contract with N at the same time.

As a result, Defendant A deceiving the victim by such a method and was transferred from the victim, ① KRW 10 million in the name of “L” deposit to the Korean bank account under the name of the Defendant on the same day, ② KRW 10 million in the same account as “M deposit” on March 4, 2013, ③ KRW 30 million in the same account under the name of gold even among “M” on April 23, 2013, ④ on June 4, 2013, to the bank account under the name of the Defendant’s wife’s name of “M” under the name of the remaining part payment.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of witness I, P and Q respectively;

1. Statement made to I by the police;

1. Details of transfer (the No. 2 of the evidence list) and the application of statutes in writing;

1. Relevant Article 347(1) of the Criminal Act regarding criminal facts, Article 347(1) of the Criminal Act, the reason for sentencing of sentence of imprisonment [the scope of recommended sentence] general fraud.