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(영문) 서울중앙지방법원 2016.08.10 2016고단56

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 20, 2014, the Defendant, at the Defendant’s workplace located in the East Sea C around December 20, 2014, installed the victim’s headquarters E with the term “the machine, visible distribution device, external digital controler 3 sets, strawers, visible distribution device, external controler 1 set up until January 19, 2015, and installed straws, visible distribution device, external digital controler 4 bits, digital control tower, 3 bits, external controler 1 sets up until February 5, 2015.

“In the end, I concluded a contract for the purchase of products with the victim company as above.”

However, even if the defendant receives money from the victim company as the price for the installation of the term machine, he did not have the intention or ability to install the machine to operate a proper camping game.

Nevertheless, the Defendant, as seen above, was falsified to E and transferred KRW 20,504,00 on December 22, 2014 as the price for the installation of the term machine from the victim company to the company, and KRW 22,528,00 on December 31, 2014, respectively, to the corporate bank account in the name of F Co., Ltd. used by the Defendant, respectively.

In addition, the Defendant, from August 21, 2014 to January 19, 2015, by deceiving the victim G, H, and D, such as the list of crimes in the annexed crime list, and by deceiving the victim G, H, and corporation, the Defendant acquired the total amount of KRW 133,132,00 from the victims to the total amount of KRW 12 times.

Summary of Evidence

1. Each legal statement of witness G, H, E, and I;

1. Each statement of the defendant, E, G, and I in the suspect interrogation protocol (three times) concerning the defendant;

1. Each statement made by G, H, E, and I concerning the accused in the police interrogation protocol;

1. Inquiry of transaction details;

1. Although the Defendant denied the facts charged, there is no special circumstance where each of the statements made by the witness G, H, E, and I has been consistent and mutually contradictory since the police, and the false statement has been opened.