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(영문) 전주지방법원 2016.01.28 2015고단1286

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around December 2012, the Defendant: (a) around December 2, 2012, when the victim D, located in the forest room C of North Korea, is the representative director; and (b) when the Defendant introduced the Defendant, the representative director G of the (State) F, who was supplied the cremation, etc. from the E, demanded the payment for the delivery, the Defendant’s representative director of the “(State) F,” regardless of the fact that G requested the payment for the delivery.

In the case of the cremation center, KRW 30-50 per Kg, and in the case of the roller cremation site, KRW 1,500 per 1 gambling place, and KRW 1,500 per 24 times in total, as indicated in the attached list of crimes, were transferred from the victim to the former North Bank Account (Account Number J) in the name of the representative director I in the (State) H on January 23, 2013, which the Defendant actually operated, as a consideration for supply, during the period from around that time to December 22, 2014, as indicated in the attached list of crimes, all of the amounts of KRW 79,923,50 in total, as consideration for supply.

Accordingly, the Defendant, by deceiving the victim, acquired KRW 79,923,50.

2. Around June 20, 2014, the Defendant received a request from the victim D to deliver the money in lieu of the money of division in relation to the death of the representative director G of K (State) from the victim D, and received transfer of KRW 300,000 to the former North bank account in the above I’s name on the same day, and used it on his own for the victim without delivering it to G at his own discretion while keeping it for the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made against D, L, or M;

1. A complaint;

1. Investigation report (M telephone investigation);

1. Application of the detailed statement of remittance of the amount of damage, details of delivery, original supply contract, OEM supply contract, and the Acts and subordinate statutes of the detailed statement of deposit transaction records;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (in all respects, punishment of imprisonment shall be imposed.