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(영문) 서울남부지방법원 2020.02.12 2019고단613
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 2015, the Defendant made a false statement to the effect that “B” victim B is the C Chairperson and the KCAD operator in Seoul Special Metropolitan City, Nowon-gu, and is a school-related business and the business that supplies clothes and horses to the Ministry of National Defense, and the materials cost and other expenses are insufficient. The Defendant made a false statement to the effect that KRW 100 million is paid to the principal after receiving payment at the end of the year of the year of the investment year, and it is also connected with the supply of cleaning goods to each school and the old LED replacement and promotional project.”

However, there was no fact that the defendant had been running the business to supply goods to the Ministry of National Defense, and there was no intention or ability to connect the victim with the business, such as the supply of cleaning goods, and even if the victim received money from the victim, it was thought that the defendant would be used as personal debt repayment or living expenses, etc., and there was no intention or ability to pay the principal and the profits

As above, the Defendant, by deceiving the victim, transferred KRW 30 million to the Agricultural Cooperative Account (E) in the name of the Defendant from the victim, on June 24, 2015, and KRW 10 million on July 28, 2015, and acquired KRW 10 million from the new bank account (F) in the name of the Bank in the name of the Bank in charge of the settlement of accounts, and acquired KRW 26,00,000 on August 26, 2015, KRW 10,000 on October 28, 2015, KRW 10,000,000 on November 30, 2015, and KRW 20,000 on December 28, 2015, and acquired KRW 100,000,000 from the victim.

Summary of Evidence

1. Statement of the witness B;

1. Statement B of the police interrogation protocol of the accused;

1. Details of account transactions (D Co., Ltd. 6), detailed statement of account transactions (D Nos. 31), liquidity transaction or inquiry (D. 33);

1. Details by cutting text messages;

1. The Defendant asserted that the Defendant did not deceive the victim, while having received an investment in the process of the tax system with the victim in the school.

However, it is possible to reject the credibility of the victim's statement on the background and contents of deception.

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