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(영문) 서울서부지방법원 2019.01.16 2018고단2377

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On February 19, 2016, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Western District Court (Seoul Western District Court). On December 18, 2016, the enforcement of the sentence was completed at the Seoul Southern Southern District Court (Seoul Southern District Court). On April 25, 2018, the same court was sentenced to five months of imprisonment for fraud and two months of imprisonment for fraud, and the judgment became final and conclusive on October 26, 2018.

[Around May 2017, the Defendant issued a false statement to the victims of the incident that “I have been interested in the opening of a amusement room” from the victim B and the victim C, who had been aware of the facts of the crime, “I have long been engaged in the distribution business of the amusement room. There has been a new string. There has been a new stalthm machine for the amusement room. I would like to purchase KRW 1,500,000 per 1,000 per unit upon direct purchase by the Party. It would be able to purchase KRW 40,000 per head office if I would like to purchase KRW 40,000 per unit if I would like to purchase KRW 40,000 per unit.”

However, the defendant did not have any means to carry out the distribution business of the entertainment room machinery or to take charge of research and development of entertainment equipment, and even if he received the payment from the victims, he did not have any intent or ability to supply entertainment equipment at a low price.

The Defendant received from the victims the transfer of KRW 5 million on May 24, 2017, and KRW 20 million on May 30, 201, to the E bank account under the name of D for entertainment purposes, and KRW 5 million on December 7, 2017, and the same month.

8. Upon receiving KRW 10 million from the G bank account in F to the G bank account, a total of KRW 43 million was received on December 8, 2017, such as receiving KRW 3 million in cash under the pretext of the card price for entertainment.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, C and H;

1. Statement of police statement concerning B and C;

1. Previous convictions in judgment: Criminal records and investigation reports (examination of the same attached records) Acts and subordinate statutes;