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(영문) 서울서부지방법원 2015.02.26 2014고단627
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2014 Highest 627] On March 7, 2013, the Defendant made a false statement to the victim E, “When demanding the victim to sell a well-known product, clothes, and other articles that want to do so, he/she will use it directly or directly by purchasing it after returning to E and purchasing it,” at the clothing store of the trade name D in Yongsan-gu Seoul Metropolitan Government C2, Yongsan-gu.

However, the defendant did not have the intent or ability to purchase properly the goods promised even if he received the price for the goods from the victim because the financial debt is 28 million won, and around 150 million won was bonds.

As above, the Defendant, as well as from around that time to May 17, 2013, received a total of KRW 62,50,000,000 from the victim by deceiving the victim as above, and received a delivery or remittance of KRW 2,50,000,000 from around seven times, as shown in the annexed List of Crimes.

[2014 Highest 2686] On June 7, 2013, the Defendant made a false statement to the victim H at the “G” coffee shop located in the Sinpo City F, Sinpo City on June 7, 2013, stating that “Any money is required to import the bicycle wheels on a German day. The borrowed money will be repaid 20 days after the payment. If the money is lent, part of the existing debt amount of KRW 73 million will be repaid.”

However, around that time, the Defendant had no intention or ability to repay even if he borrowed money from the victim with a total of KRW 62.5 million borrowed money from E as the price for goods.

The Defendant, by deceiving the victim as such, received KRW 19.4 million from the victim’s account in the name of the Defendant on the same day.

Summary of Evidence

1. Each legal statement of witness E, I and H;

1. Statement of the police and prosecutorial examination of the accused;

1. Statement of each police statement of E and H;

1. A written confirmation of the facts of I;

1.Each investigation report, application for a search and seizure warrant shall be reported and shall be made with respect to telephone conversations with remitters.

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