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(영문) 서울북부지방법원 2017.07.13 2017고단178

사기

Text

A defendant shall be punished by imprisonment for six months.

The defendant pays 30,500,000 won to the applicant through fraud.

Reasons

Punishment of the crime

The Defendant is a person who engages in the wholesale and retail business of the name of “D”, and the victim C is a person who runs the “F” located in Jung-gu Seoul Metropolitan Government E.

On April 2014, the Defendant made a false statement to the effect that “F” of the Victim C’s Operation “F,” located in Jung-gu Seoul, Seoul, would make 2.5 million won of leather 37.5 million won to the victim.

However, as above, the Defendant was thought to use money for expenses, etc. even if receiving money from the injured party or receiving exemption from borrowed money, and there was no intention or ability to deliver 250 bamboo collection to the injured party.

Defendant deceiving the victim as above and caused the victim to pay the amount of other goods around February 11, 2014.

The payment of KRW 10 million is to be made as the total price of the instant bamboo collection. The Defendant received KRW 800,000,000 from the account (company, H) in the name of G (company, bank, and H) designated by the Defendant, KRW 1 million on April 8, 2014, KRW 4.5 million on May 16, 2014, KRW 4.5 million on June 8, 2014, KRW 3 million on June 27, 2014, KRW 7 million on July 13, 2014, KRW 50,000 on or around July 20, 2014, and received KRW 375,50,000 from the Defendant around July 20, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of details of delivery date table, and written confirmation for transfer;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment;

1. The circumstances favorable to the sentencing of Articles 25(1), 31(1), and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Compensation Orders and Sentence of Provisional Execution: The defendant is against the time of committing the instant crime.

It does not seem that the crime was committed in the beginning because of the managerial difficulties of the company operated, but it does not seem to have been committed systematically from the beginning.

In addition to the punishment of two-time fines, there shall be no other criminal records nor other criminal records of the same kind.

Until now, there have been several years since the occurrence of the instant case.