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(영문) 서울중앙지방법원 2015.02.13 2014고단513
사기
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

around July 10, 2012, the Defendant stated that “E” office, a textile machine dealer operated by the Defendant as Seoul Dobong-gu Seoul Metropolitan Government No. D and 302, the victim F, that “The amount of USD 173,000 shall be changed from the purchase test of 42 used direct office machinery, and the price thereof.” However, even if the Defendant received money from the victim as the price for the direct office machine, the Defendant merely thought to use it as the personal debt, etc., and did not have the intent or ability to provide the victim with the installed machine.

As above, the Defendant, by deceiving the victim as above, received USD 50,00 on July 11, 2012, USD 30,00 on July 18, 2012, USD 40,000 on July 25, 2012, USD 40,000 on July 25, 2012, and USD 45,500 on August 24, 2012, and acquired USD 165,50 on a total by means of remitting USD 187,614,653 on August 24, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the suspect examination of the accused;

1. Search and seizure warrant, execution and reply;

1. Each investigation report (for reference, G, H, I, J, K, L, M, N, andO), and a report on the results of the investigation;

1. Application of Acts and subordinate statutes to data submitted by complainant;

1. The grounds for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment for the crime [the scope of recommending punishment] General Fraud (at least KRW 100,000, but less than KRW 500,00) and the basic area (one to four years) [the decision of sentencing] of the crime of this case (the amount of damage caused by the crime of this case is very large and did not recover from damage.

Nevertheless, the defendant denied the crime and the victim has to enter the Republic of Korea for the statement of damage.

All such circumstances and other circumstances, including the defendant's age, character and conduct, family environment, motive and circumstance of the crime, the means and consequence of the crime, and the conditions of sentencing as shown in the arguments, shall be determined as ordered by considering the whole.

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