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(영문) 서울중앙지방법원 2013.06.26 2012고정5820

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 2, 2008, the Defendant established the (ju) DD, which is a company entrusted with the operation of the amusement machine, and subsequently, the Defendant, upon purchasing the amusement machine, intended to acquire the investment money by fraudulent means to entrust the operation of the said amusement machine and pay the profits. The Defendant is in charge of the investment attraction business, and C conspireds to explain the investment to the investors kept by the Defendant.

On December 208, 2008, the Defendant stated with C that “The Defendant would purchase five 4,400,000 won per 1 week amusement machine to be entrusted to D, and would give 400,000 won per day, and at least 7,50,000 won per month to be entrusted to D,” at the office of (ju) D in Gwanak-gu, Seoul Special Metropolitan City.

However, even if the defendant and C receive the purchase price for the amusement machine from the victim, they did not have the intent or ability to pay the proceeds to the victim.

On January 5, 2009, the Defendant received KRW 22 million from the victim’s bank account (G) in the name of the Defendant around January 5, 2009.

Accordingly, the defendant, in collusion with C, deceiving the victim, thereby deceiving the property.

Summary of Evidence

1. Legal statement of witness F;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on remittance statements;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;