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(영문) 울산지방법원 2014.06.12 2013고단2479
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

around October 24, 2012, the Defendant stated that “A victim C will conduct a cultural performance business against Chinese tourists” at the Gangseo-gu Seoul Metropolitan Government’s mutual influorial drinking house located in Gangseo-gu, Seoul, stating that “I will conduct a cultural performance business against Chinese tourists. I will give KRW 30 million two times after 2 months after the 15 million Jeju-do.”

However, the defendant did not want to conduct a cultural performance project against Chinese tourists at the time, and there was no intention or ability to receive money from the victim even if he received money from the victim because he did not want to use the money as an individual living cost.

Nevertheless, on November 10, 2012, the Defendant, by deceiving the victim as above, obtained money from the victim to the head of the foreign exchange bank bank in the name of the Defendant on the part of November 10, 2012.

Around October 2012, the Defendant stated that “Around October 2012, the Defendant would give a victim D a cultural performance program with a trade name in Seocho-gu Seoul Seocho-gu, Seoul, the Seocho-gu, “I will give two times the amount of KRW 12 million two times the amount of KRW 600,000,000,000 to Chinese tourists.”

However, the defendant did not want to conduct a cultural performance project against Chinese tourists at the time, and there was no intention or ability to pay the money even if he received money from the victim because he thought that he would use the money as personal living expenses.

Nevertheless, around December 21, 2012, the Defendant received 3.4 million won in the name of the foreign exchange bank account in the name of the Defendant (number E) from the victim, 2.6 million won in total, and 6 million won in the same name as the same account around the 22th day of the same month.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of each police statement made to F and D;

1. Application of Acts and subordinate statutes to the details and results of transfer management of deposits;

1. Each relevant Article of the Act concerning criminal facts;

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