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(영문) 수원지방법원 여주지원 2016.01.25 2015고단552
사기
Text

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

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

Reasons

Punishment of the crime

"2015 Highest 552"

1. On August 2014, the Defendant may sell the boiler created in a new company, as he knows many people in multiple pages, to the victim in the E office operated by the victim C in Yangyang-gun D.

Only the price is the only price, the carpeta also made and made a false statement.

However, even if the defendant receives money from the injured party, the defendant did not have any intention or ability to produce the carpeta.

The Defendant, by deceiving the victim as such, was transferred 1.75 thousand won to the Agricultural Cooperative Account in the name of the Defendant around September 19, 2014 as the price for production of the Kabro, from the victim.

On February 14, 2015, the Defendant made a false statement to the victim H at G cafeteria located in the Gangnam-gu Seoul Metropolitan Government F, stating that “I will install and take the air-conditioner when I purchase the air-conditioner in Korea, and I will do so if I purchase the air-conditioner in Korea.”

However, even if the Defendant received the payment from the injured party, he did not have the intent or ability to install the air conditioner for the injured party, and there was no other property, so even if he did not install the air conditioner, he did not have the intent or ability to return the payment to the injured party.

The Defendant, by deceiving the victim as such, received KRW 2 million from the account in the name of the Defendant for the establishment of three air-conditioners around February 14, 2015 from the damaged party.

Summary of Evidence

"2015 Highest 552"

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. A certificate of confirmation of the results of the management of the agricultural cooperative fund transfer "2015 Highest 1181";

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A complaint;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 347 of the Criminal Act and Article 347 of the Criminal Act concerning the crime, the choice of fines, and the choice of fines;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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