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(영문) 수원지방법원 안산지원 2015.10.13 2014고단2522

사기

Text

Defendants shall be punished by imprisonment for four months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

Defendant

B around February 1, 2013, a person who requested the victim D to perform the cosmetic work in the beauty room in Gyeonggi-do, thereby having the obligation of KRW 20 million for the construction cost to the victim, and the defendant A had the obligation of KRW 20 million to the defendant B. The defendants transferred the claim of KRW 20 million against the defendant A who had no sufficient means to pay the construction cost to the victim who demanded the payment of the construction cost to the victim. The defendants had the intent to avoid the defendant B's obligation to pay the construction cost to the victim.

Defendant

B Around March 15, 2013, at an infinite site, the victim made a false statement to the victim “I will receive KRW 20 million from the Defendant A. I will receive KRW 20 million in lieu of the payment for the work to the Party A. I will receive KRW 20 million in lieu of the payment for the work to the Party.”

However, the facts are that Defendant A had a debt of KRW 200 million at the time, and there was no intention or ability to pay the above construction cost on behalf of Defendant B, and Defendant B was aware of this point.

Nevertheless, Defendant B transferred the claim against Defendant A to the victim on the same day, and Defendant A prepared a letter of payment to pay the above amount in the seat and delivered it to the victim. Defendant B exempted Defendant B from the obligation of KRW 20 million for the payment to the victim.

As a result, the Defendants conspired to attract the victim to obtain financial benefits.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness D;

1. The Defendants’ partial statements and D’s statements among each prosecutor’s interrogation protocol against the Defendants

1. The suspect interrogation protocol of Defendant B concerning the police officer

1. Statement D in the police interrogation protocol (No. 10) as to the Defendants

1. Statement made to D by the police;

1.The complaint, statement of payment, record, statement of account, statement of account/certificate/certificate/account of account.