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(영문) 서울남부지방법원 2016.05.13 2016고단936

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant pays 75,60,000 won to the applicant through fraud.

Reasons

Punishment of the crime

On January 20, 2016, the Defendant appealed from Seoul Southern District Court for six months of imprisonment with prison labor for occupational embezzlement and is still pending in the appellate trial.

1. On June 11, 2015, the Defendant, around June 11, 2015, sold to the victim Q for seven non-owned game and amusement equipment installed at the store where the instant store was located at the point where the instant store was located, and paid the profits incurred in managing the game machine. The Defendant, around June 11, 2015, sold to the victim Q for KRW 45 million.

“A false statement” was made.

However, even if the defendant did not have the right to dispose of the above game machine and received money from the injured party, he did not have the intent or ability to sell the above game machine.

As such, the Defendant, by deceiving the victim, received from the victim, KRW 10 million on the same day under the name of the purchase price, such as the game machine, from the victim, and received KRW 35 million on June 30, 2015 from the victim to the new bank account in the name of ELF.

2. On December 11, 2015, the Defendant, around December 11, 2015, sold KRW 61,000,00 to the said victim’s eight game equipment and entertainment equipment installed at the sports store (ju), and two currency exchange machines for the currency exchange amounting to KRW 61,00,00,000, on a page where the trade name of the station location at the entrance of the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City’s Taek Kimpo, cannot be known.

“A false statement” was made.

However, even if the defendant did not have the right to dispose of the above game machine and received money from the injured party, he did not have the intent or ability to sell the above game machine.

The Defendant, by deceiving the victim as such, received KRW 61 million from the victim to the new bank account in the name of ELFN on the same day as the purchase price for the game machine, etc., and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to Q Q;

1. A contract for the sale of each game machine and amusement machine, respectively;