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(영문) 서울동부지방법원 2016.06.23 2016고단1006

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From around 2011, the Defendant was a person who was engaged in export and import business, such as clothes and miscellaneouss, by lending the name of the company and the trade permit from the representative C.

On May 2012, the Defendant asked the Victim E, a “D” operator, who has asked for an estimate of a volume of one container over a telephone, to send the item to the Katarn Don Don Don Don Don Don in the event that the estimate of USD 29,376 was made and the price was paid in full.

“A false representation was made.”

However, in fact, the Defendant was issued a decision to voluntarily commence an auction on the above apartment around December 2, 201 because it was impossible to repay the amount of the secured debt of KRW 90 million for the establishment of the right to collateral security on the F apartment of Gangdong-gu Seoul Metropolitan Government, which was owned by the Defendant at the time, and was in excess of his/her obligations, such as bearing various debts equivalent to KRW 290 million in total. On the other hand, the Defendant planned to use the amount transferred from the date of damage as the purchase price for food for export to China unrelated to the victim, so even if he/she received the payment from the injured party, he/she did not have any intent or ability to send a container volume of the amount to the victim.

As above, the Defendant, as a result of deceiving the victim on May 22, 2012, received USD 15,000 ($ 17,452,500 per annum, USD 1,163.5 Won per USD 1,500 as of May 22, 2012), USD 10,000 for gold in September 19, 2012 ($ 11,15,000 per USD 1,15,000 per USD as of September 19, 2012, and KRW 1,115.5 won as of September 21, 2012) from the victim from the victim, respectively, and acquired KRW 10,000 as a balance on September 21, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police for E;

1. The filing of a complaint, the inquiry of details of transactions in foreign currency deposits, certificates of transaction performance, seals (INVICE), output of e-mail, certified copy of the registry, and the application of each Act and subordinate statutes on investigation reports;

1. Relevant provisions of the Act concerning facts constituting an offense;