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(영문) 서울중앙지방법원 2018.05.24 2018고단991

사기

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On December 2, 2015, the Defendant introduced the Seocho-gu Seoul Metropolitan Government building C and the second floor to E, a director in the victim D Co., Ltd., and made a false statement to the effect that, “F, by importing tobacco in Indonesia and selling it in the Republic of Korea, many profits would occur if the Defendant imported tobacco in Indonesia and sells it in Korea. In the event of transfer of the annual revenue amount to the said F Co., Ltd., the Defendant would receive the imported minerals from the Defendant and sell them in Korea, and then guarantee 8% profits to the principal paid by the victim.”

However, in fact, the international market price of minerals is so severe that it is difficult to pay a certain amount of profit, and even if it is difficult for the defendant to operate the mineral sales company at the time, it was difficult for the defendant to operate the mineral sales company, and it was difficult for the defendant to operate the company, and there was no intention or ability to pay the price properly to

As above, the Defendant: (a) by deceiving the victim; (b) had the victim transfer KRW 3,02,02,023 to the said F F F F F F F F F F F F F F F F F F FF account for the import of minerals on December 11, 2015; (c) had the victim transfer KRW 25,602,102 on January 19, 2016, and KRW 21,624,420 on February 22, 2016, to each of the same accounts; and (d) acquired the pecuniary advantage of property equivalent to KRW 50,228,545 on February 22, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness E;

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

1. Statement made by the police for E;

1. Written complaint (including attached documents);

1. Application of the Acts and subordinate statutes concerning the details of G account transactions, the detailed inquiry (sale), investigation report (Submission of suspect data and hearing of suspect phone statements) and the application of the disclosure statement, the list of total account statements of G electronic tax accounts;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order provides that the Defendant shall deny the criminal intent by deception.

Modern, Modern, this Court.