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(영문) 서울중앙지방법원 2015.07.17 2015고단3000

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On January 22, 2015, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Central District Court, and the said judgment became final and conclusive on March 26, 2015.

【Criminal Facts】

On December 27, 2011, the Defendant entered into a contract with the victim and the regional operator of the credit card service area under the name of the Defendant, stating that “A, as the representative director, developed a device to carry out the credit card collection service on behalf of receiving public charges from F Co., Ltd., in which the Defendant is the representative director, that “A would have the victim develop the device to carry on the credit card payment service on behalf of receiving public charges, and the device equivalent to KRW 500,000 per 50,000 per 140,000,000 per 1,40,000,000,000 won per 1,40,000,000, on behalf of the PP, the Defendant would have the local business right of receiving public charges on behalf of the victim.”

However, in fact, since the above service of receiving credit cards on public charges itself is inappropriate, there was no intention or ability to pay the above service rights to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the H account in the name of Korea Bank in the name of F Co., Ltd. under the pretext of down payment, and received KRW 70 million in total twice on January 10, 2012, from the F office located in Guro-gu Seoul Metropolitan Government I, one check of KRW 60 million in the name of the remainder.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partially the accused by the prosecution (including the cross-examination);

1. Protocol concerning the examination of suspect of G;

1. Certificates of deposit transactions;

1. Previous records: Criminal records, etc. inquiry reports and application of each statute of the judgment;

1. Article relevant to the facts constituting an offense and the selection of punishment;

1. Reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act to treat concurrent crimes.