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(영문) 서울중앙지방법원 2019.02.20 2018고단8588

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is working as a custodian of D-Public Hostel (Lessee E) located in the same 4th floor, Dongbcheon-si, which had been proposed to transfer a business through B corporation from several months ago.

On October 19, 2017, the Defendant: (a) sent the victim F, who was thought to have acquired the right of the above notified telecom to the police officer, with a false statement as if there were accommodation personnel in 50 out of 60 out of the above notified telecommen; and (b) concluded a contract for transfer and takeover of business with the victim’s company E to transfer and take over the above reported telecommen amounting to KRW 58 million at the B’s office located in Gangnam-gu Seoul Metropolitan Government 14th of the same month; and (c) concluded a contract with the victim’s company E to transfer and take over the above reported telecommen amounting to KRW 58 million.

However, the fact was that eight persons, among those who are lodging in the above public notice room, who had the defendant provide money and have the defendant provide false accommodation, which was operated by the victim so that the victim can take over the public notice room.

The Defendant made a false statement to the victim and had the victim transfer KRW 20 million on the same day as the down payment, and had the victim transfer KRW 58 million on the same day as the down payment, from the 28th day of the same month to the day of the same month, and had E and B acquire pecuniary benefits equivalent to the same amount by transferring KRW 68 million in total as the price for business transfer and takeover and consulting expenses.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (two times, replacement);

1. Each police suspect interrogation protocol of H, I, and E;

1. Each police statement made to the F and J;

1. Details of deposits and currencies made by the witness;

1. Application of Acts and subordinate statutes to advertising on web-site, text messages, reports on business start-up goods, current status of visitors, contracts for transfer or takeover of enterprises, written confirmation of sales, and details of transactions of entrance and

1. Article 347(2) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;