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(영문) 서울중앙지방법원 2014.05.23 2014고단388
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant was a person who manages the Nowon-gu Seoul Metropolitan Government No. D School No. D School No. 3 and a street store No. 300, and was able to obtain money from the victim E by taking advantage of his position.

On June 5, 2012, the Defendant stated that “The Defendant would have a street store be set up in front of or in the well-known shopping mall,” to the victim at a Buddhist place in Jung-gu Seoul, Jung-gu, Seoul. It is called that the Defendant would change its sub-party in advance.”

However, even if the victim receives money from the victim, there was no ability or intention to prepare a street store in front of or in the location of the shopping mall.

As above, the defendant deceivings the victim, and thereby deceiving him/her from the victim, to the Suhyup Bank Account (G) in the name of the defendant's wife F managed by the defendant from the victim, which was KRW 2 million on June 5, 2012, and the same year.

8. The remittance of KRW 10 million and KRW 2.5 million on May 2, 199, respectively, was received on four occasions, including receipt of KRW 2 million in cash around December of the same year, and received KRW 16.5 million on four occasions.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. The defendant's partial statement in the court (the defendant's receipt of a total of KRW 16.5 million from the victim E was a fact that he/she received a total of KRW 1,6.5 million from the victim E, but the defendant's request for a loan of KRW 2 million from the victim on June 5, 2012 and KRW 10 million on August 13, 2012 to H was remitted on behalf of H on behalf of H, and around December 5, 2012, KRW 2,00,000 from E was borrowed from E to prepare a street store and received money for that purpose, and the defendant's statement argued that he/she did not receive money under his/her pretext because it was natural and consistent, and based on the following evidence, the defendant's criminal facts against the defendant can be found guilty).

1. Legal statement of witness E;

1. The defendant conforms to the facts constituting an offense in the protocol of interrogation of the suspect.

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