beta
(영문) 수원지방법원 2013.10.10 2013고정1222

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 15, 2005, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution at the Seoul Central District Court on September 15, 2005, and was punished three times of fraud.

On May 5, 2011, the Defendant issued the “D” office located in the first floor of Mapo-gu Seoul Metropolitan Government C building to the victim E with business rights on 28 coffee vending machines within the F University. Therefore, the Defendant changed the business rights necessary for this.

However, in fact, the defendant did not have the intent or ability to allow the victim to acquire the right to operate 28 dice vending machines within the F University.

On June 28, 2011, the Defendant received from the victim the transfer of KRW 10 million from the Defendant’s KB National Bank account (Account Number: G) to the Defendant’s KB Bank account, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. An investigation report (Binding of e-mail statements, such as H), an investigation report (Binding of e-mail statements, such as I for reference);

1. Details of transactions by period of receipt;

1. Complaint;

1. Application of recording CD-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act are as follows: although the defendant was asked by the victim to allow a restaurant, store, and coffee vending machine business so that the defendant can do so, the defendant was aware of the scheduled successful bid price for the victim. However, the victim merely did not respond, and at the date stated in the facts charged, the amount of KRW 10 million received from the victim is not the street fund related to business rights such as the above vending machine, but the defendant was paid for expenses incurred by the victim for purchasing the F University site and other political activities, etc., and the amount of KRW 10 million paid by the victim.

Therefore, we can dypus, e.g.