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(영문) 서울동부지방법원 2013.12.26 2013고단1872

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

1. On March 21, 2008, the Defendant made a false statement with C to the effect that “The Defendant is producing and selling G game machine developed and provided in the United States, but this game machine is an innovative game machine that can concurrently be used for entertainment and PC. This game machine is not an unlawful act such as the sea open, but does not have any legal problems. It is true that all would be reimbursed if any problem arises.”

However, the above G Game was an illegal game which was not approved by the Korea Media Rating Board for deliberation.

The Defendant, in collusion with C, by deceiving the victim, and receiving KRW 15 million from the victim as a check, in other words, for the purpose of selling the game machine, and transferred KRW 15 million to the agricultural bank account in the name of C, and received KRW 24 million from around the 26th day of the same month to the bank account in the name of the Defendant.

2. Around July 20, 2008, the Defendant stated that “The Defendant would make payment without framework until September 30, 2008, when he delivers J, to a large enterprise and the government office,” the victim H’s managing director I in the E office located on the second floor of the D Building in Gangdong-gu Seoul Metropolitan Government.”

However, in fact, the defendant failed to pay 180 million won when he bought the goods in a balanced housing complex, and was unable to pay monthly salary to his employees, so there was no intention and ability to pay the price of goods normally.

Around July 21, 2008, the Defendant, by deceiving the victim, was supplied with alcoholic beverage sets equivalent to KRW 37,024,000 at the market price at the office of the above E Co., Ltd..

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Part of the witness C’s legal statement;

1. Prosecutions against the Defendant.