beta
(영문) 서울서부지방법원 2012.04.26 2011고단2181

사기

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 11, 2010, the Defendant presented the victim F, who was found to purchase his picture as E's introduction to the Defendant's father D's house located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to the victim F, such as G, H, and I, a domestic famous modern artist G, H, and I, which were located in the house living room in the military, and he received a gift from G while working in the military unit, and he received a premium from K, and he received a premium from K from K. From that time, he received the picture, and on October 14, 2010, the Defendant presented a false picture to the victim at the store of Gangnam-gu Seoul, Seoul, and around October 11, 2010, the Defendant presented the purchase price of the G 100,000,000 G 30,000,000 won, "30,000,000,000 won."

However, the above fact was that the defendant was aware of the fact that he was guilty or was guilty at the time, because he was dissatisfy, not all of the truth.

Nevertheless, the Defendant, by deceiving the victim as such, received 30 million won from the Defendant’s national bank account under the pretext of purchasing the above forests from the victim.

Summary of Evidence

1. Legal statement of witness F;

1. Each prosecutor's protocol of examination of the accused and D by the prosecution;

1. E prosecutorial statement;

1. An interrogation protocol of the police officer regarding theO;

1. Seizure records;

1. Investigation reports (related to art appraisal, appraisal meetings, and report on the Q telephone conversations between the head of P office and others);

1. Application of Acts and subordinate statutes to written appraisal;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. As to the Defendant’s assertion of confiscation Article 48(1)1 of the Criminal Act.