beta
(영문) 서울북부지방법원 2015.02.12 2014고단2992

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, who is engaged in the wholesale and retail business of the clothing board, was at least 300 million won in selling the clothing board and had been liable for the debt of 300 million won, and had been able to repay the debt to others even when receiving the original set of money from the victim C, and had no intention or ability to purchase the original body that the victim wants, and acquired the money by deceiving the victim three times as follows.

1. Around September 24, 2013, the victim C made a false statement to the effect that “All 30 tons of the 30 tons of the 3,500 won per kilogram owned by the Defendant” was sold to the victim C in front of the clothing warehouse owned in Yangju-si.

However, the fact is only a proposal to sell more than 5,00 won per kilogram when purchasing all the above parts from D, and it is not owned by the defendant, but did not have the ability to purchase all the above parts.

Nevertheless, through the bank account of E on the 27th day of the same month, it received from the victim the money of KRW 12,477,00 from the victim to the original amount of KRW 3,565 kilograms.

2. On September 27, 2013, a false statement was made that it is possible to seek the original set, even though the victim did not have the intent or ability to purchase the original set desired by the victim, at the implied head office located in Jung-gu Seoul, Jung-gu, Seoul, the victim received money KRW 3,500,000 from the victim to the E account on the 30th day of the same month and acquired it by defrauded.

3. On October 4, 2013, at the “G office” office for the management of the victim in Jongno-gu Seoul Metropolitan Government F, deceiving the victim in the same manner as the above 2, and the same month.

8. He has received money KRW 1,750,000 from the E account and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The defendant in the police statement against C was in the position of a purchaser of the original unit in the warehouse from D, the owner.