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(영문) 서울동부지방법원 2015.10.21 2015고단1957
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. On June 2014, the Defendant made a false statement to the effect that “The Defendant would deliver it to D, who is a C business director, in the form of rebates, a 20 million won, so as to allow the victim B to operate a garment store from a molet located in 196, Seoan-gu, Seoan City Park, Seoan-gu, Seocheon-gu, Seoan-gu, 200,000 won in the name of rebates.”

However, even if the defendant received the above money from the victim, he thought that he would use it for personal purposes, such as repayment of loans, etc., and he did not have the intent or ability to allow the victim to operate C Clothing Sales.

Nevertheless, on June 27, 2014, the Defendant received KRW 20 million from the victim to the Defendant’s Credit Union account (E).

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

2. Around June 11, 2014, the Defendant sent a phone call to the victim F, and conducted a false statement to the effect that “H, who is a person in charge of the business of the G head office, e.g., the e., the G head office, e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e.,

However, even if the defendant received the above money from the victim, he was thought to use it for personal purposes, such as repayment of loans, etc., and there was no intention or ability to attract G agency to the victim.

Nevertheless, on June 11, 2014, the Defendant received KRW 20 million from the victim to the Defendant’s Credit Union account (E).

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against I and H;

1. Each police statement concerning B and F;

1. Application of each brand inducement contract, a copy of the passbook (Evidence Nos. 3), and Acts and subordinate statutes on receipts;

1. Relevant provisions concerning facts constituting an offense;

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