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(영문) 서울동부지방법원 2021.02.17 2020고단3373
사기
Text

Defendant

A shall be punished by a fine of 2,00,000 won, and by imprisonment of 2 months, respectively.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B is a person who is the actual representative of “C”, which is a resort membership consignment sales company, and Defendant A has worked in the above “C” as a member of the business.

The Defendants would sell the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right to use the right

The purpose of this paper is to acquire money through fraud.

According to the above public offering, Defendant A purchased golf membership and sold it to the victim from “F’s “F” in the window E in the Changwon-si operated by the victim D on February 2016, 2016. However, Defendant A purchased golf membership and sold it at a lower price by combining golf memberships and cooking memberships when the facility management expenses are performed.

The facility management fee and the cost of purchasing golf membership will be sold at least 20 million won to 30 million won within six months of a week.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, in fact, the Defendants did not have any other source of revenue in addition to the sale of club membership and did not have to consume all the amount of money that they received from the victimized party due to the absence of a separate source of revenue, such as employee allowances, wages, office operating expenses, etc., and the Defendant did not have any intent or ability

Nevertheless, on November 2, 2016, the Defendants: (a) by deceiving the victim; and (b) transferred KRW 440,000 to the bank account in the name of Defendant A; (c) KRW 5,500,000 to the G Han Bank account used by Defendant B; and (d) KRW 5,94,00,00 from the victim.

Accordingly, the Defendants conspired to acquire the property by deceiving the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to complaints and accompanying documents of police statements filed against D;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 347(1) and 347(1), 30 of the Criminal Act, and selection of fines

B. Defendant B: Articles 347(1) and 30 of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; Articles of imprisonment

1. Detention in a workhouse (Defendant A).

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