(영문) 서울중앙지방법원 2016.10.06 2016고단4872

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(영문) 서울중앙지방법원 2016.10.06 2016고단4872

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. The Defendant’s fraud on January 25, 2015, around January 25, 2015, in “C” located in Guro-gu Seoul Metropolitan Government, and in “100 million won mold” to the victim D.

1. From the beginning of February 28, 201, when joining two units, the mutual aid fund will be paid in advance of the sequence around February 10, 2015.

"............ after lock, the victim’s phone calls again and “...... the 11 foot number system with 10 million won maturity begins on February 5, 2015, and may be paid around February 23, 2015.

“However, the Defendant: (a) received money from the victim and did not have any intent or ability to pay the money promised even if it was given money under the pretext of payment from the victim, on or before February 5, 2015; (b) the Defendant, by deceiving the victim as such, wired KRW 10 million from the victim to the single bank account in the name of the Defendant (E) in the name of the Defendant. On February 7, 2015, the defrauded Defendant, as of February 7, 2015, received the money from the victim to receive the money from the victim; and (c) on or around February 7, 2015, he/she would pay the money from the said victim D up to February 23, 2015.

“...”

However, the defendant did not have any intent or ability to pay the agreed amount even if he received the money from the victim as a deposit, because he did not operate the plan to use the money for the repayment of the defendant's obligation with the money from the victim.

As above, the Defendant, by deceiving the victim as above, received from the victim, a total of KRW 2 million on February 10, 2015, and KRW 10 million on February 17, 2015, and KRW 8 million on February 17, 2015, and acquired it through the account as referred to in paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. The part concerning the statement written in D among the police interrogation protocol against the defendant

1. Application of the law to the police statement of D 1.

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