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(영문) 수원지방법원 2020.12.01 2020고단1867
사기
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 3, 2010, the Defendant falsely stated that “In order to operate a F Hotel with E (hereinafter “instant hotel”)” at the C office located in Cambodia A, the Defendant would give 30% of the shares in the hotel operating right and the profits therefrom, if the amount of USD 35,000 is around a week.”

However, in fact, since November 2009, the Defendant: (a) from around November 2009, leased a separate hotel part of the above hotel and operated the hotel business; (b) from February 2010, the deficit in operating USD 3,000 to April 4, 200 (the amount equivalent to KRW 330 to April 4, 2000) has deepened; and (c) eventually, (d) the Defendant discontinued its business around April 13, 2010.

Accordingly, the Defendant, by deceiving the victim, received USD 25,00 ($ 27,500,000) from the victim on March 22, 2010, and acquired KRW 5 million around April 2, 2010, KRW 4 million around June 3, 2010, and KRW 1 million around June 7, 2010, and acquired KRW 37,550,00 ($ 25,000 and KRW 10,000 in Korean won) in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Contract;

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

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Determination as to the assertion by the defendant or his defense counsel under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution (see, e., Supreme Court Decisions 20

1. Although the defendant entered into a contract on the right to operate the hotel of this case with the victim as stated in its reasoning, it is true that the defendant did not receive any payment from the victim under the contract, and only the amount of KRW 10 million transferred in Korean won is the money that the defendant personally borrowed from the victim.

2. The following circumstances found based on the evidence adopted and examined by the court.

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