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(영문) 서울동부지방법원 2015.04.15 2014고단711

사기

Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On June 8, 2007, the defendant was sentenced to a suspended sentence of one year for fraud, and two years for a suspended sentence of two years for the same crime at the Suwon District Court on June 26, 2009. On January 10, 2008, the Seoul Eastern District Court sentenced 6 months of imprisonment and 4 million won for the crime of taking property in breach of trust and completed the execution of the above sentence on April 7, 2008.

【Criminal Facts】

The Defendant was a person who was engaged in sports marketing and the brokerage business of studying in the stable-gu in Songpa-gu Seoul Metropolitan Government building No. 1404, and was aware of in the course of the introduction of a ship after the introduction of a flaco, and was willing to receive the difference by claiming for the payment of the actual cost by receiving a request from the victim E who was aware of in the course of the introduction of a flaco to arrange study in the stable-gu.

On November 2009, the Defendant displayed a quotation on the victim’s house located in Kimpo-si F, Kimpo-si, stating the actual cost incurred in studying the victim’s study, and false statement to the effect that “in order to send two persons to the stable-gu study, the expenses, such as the entrance fee, are all necessary, and the total amount of KRW 137,191,80, is required.”

In fact, however, the cost presented by the defendant to the victim was about 15 million won, compared to the cost actually needed.

As above, the Defendant, by deceiving the victim as above, obtained the difference of KRW 15 million from the victim on Nov. 4, 2009, by receiving the payment of KRW 6,043,80 on Nov. 4, 200, KRW 50,148,00 on Dec. 5, 1209, KRW 77,00,000 on Dec. 9, 129 of the same year, KRW 2,000,000 on Dec. 16, 16 of the same year, and KRW 28,00,000 on Dec. 28, 200, KRW 137,191,80 on Dec. 15, 200.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement to E by the police;

1. Written estimate and a comparison list;

1. Details of post office accounts in D name, details of transactions of banks in E name, and details of transactions of banks in E name;

1. To act as an agent for studying abroad;