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(영문) 수원지방법원 안양지원 2016.08.05 2015고단1558

사기

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 2, 2014, the Defendant, at the “D” office of the Defendant’s operation in Gangnam-gu Seoul Metropolitan Government (n, 56 years of age), paid the victim E (hereinafter “D”) KRW 10,000,000 to transfer ownership of 10,000 won for each food treatment machine and as an agent. The food treatment machine is sold to 990,000 won per food treatment machine upon entrustment by the company, and the food treatment machine is sold to 660,000 won per food treatment machine when paying the sales proceeds back to the gold company. The company will sell the proceeds to 990,000 won per vehicle upon entrustment; the company will sell the proceeds to 330,000 won after deducting commission fees and value added taxes (in the case of selling the ten-month food of each month, the amount paid to the victim) each month by paying to the victim.

“The phrase “ was false.”

However, even if the Defendant received an investment from the injured party, the Defendant did not have an intent or ability to pay the profits that the Defendant promised to sell the food treatment equipment at the high-priced price of 990,000 won per unit in a normal way because it did not have a sufficient sales network.

The defendant deceivings the victim as above, and thereby his deceivings him to a bank account under the name of the defendant on April 10, 2014; KRW 9,900,000 on April 2, 2014; KRW 5,000,000 on April 15, 201; KRW 21,500,000 on April 23, 201; KRW 4,900,000 on April 4, 2014; and

5.7.5,000,000 won, and the same month;

8. A receipt of KRW 4,900,000 each by deposit and received KRW 39,700,000 in total over six times.

Summary of Evidence

1. The defendant's legal statement (the sixth public trial date);

1. Legal statement of witness E;

1. Statement of F in the protocol of interrogation of the suspect against the accused by the prosecution;

1. Each investigation report (Submission of suspect data and confirmation of DNA tax data);

1. Application of Acts and subordinate statutes of sales entrustment contract;

1. Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment for the crime (including the case) and the selection of fines.