beta
(영문) 서울동부지방법원 2018.01.11 2017고합361

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, from March 2014, while carrying out delivery services from the victim D’s operation in Songpa-gu Seoul Metropolitan City (Seoul) to the victim’s D operation, said, around April 2014, the Defendant said that the victim was “Yeungpo President,” and that the victim was “Yungpo President,” and that the Defendant was in charge of the purchase, supply, and collection of the volume in the above E, if he would purchase the volume of the distribution in the C market and then deliver the profits to the “Yungpo President,” and thereafter, he was in charge of the sales, delivery, and collection of the volume.

On June 19, 2014, the Defendant stated that “Around June 19, 2014, the Defendant purchased a two-way wound from a seller while working in the C market and supplied it to a “Yanpo president”, and even during that period, he/she should pay a two-way credit amount to each seller. It is still short of money due to lack of price of supply, and b,020,000 won of a two-way credit amount short of money.”

However, in fact, “the president of Yeongdeungpo-gu” was the result of the processing produced by the Defendant, and the Defendant did not purchase the distribution from the seller even during the time. Therefore, even if he received the money from the injured party, he did not have the intention or ability to pay it as the credit payment.

Nevertheless, the Defendant received 2,020,000 won from the injured party to the Agricultural Cooperative account under the name of the Defendant for the purpose of double sales in which the injured party will pay to each person during the same day, as well as received 784,727,000 won in total over 95 times from around that time to May 16, 2016, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect against each part of the defendant by the prosecution (including the part concerning the examination of the victim D);

1. Statement made by the prosecution against the F;

1. Two-time suspect examination protocol against the accused (including the part concerning the identity of the injured party D);

1. Statement made by the police against D;

1. Each investigation report (Submission of suspect data and witness G. H.