(영문) 서울중앙지방법원 2015.05.20 2014고단5060

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(영문) 서울중앙지방법원 2015.05.20 2014고단5060

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2012, the Defendant told the victim D to the effect that “the Defendant established the E and participated in various projects ordered by the Ma, and made an investment to guarantee the 10 times of the investment amount,” at the Defendant’s residence of Seocho-gu Seoul Metropolitan Government Ctel 1715.

However, the fact was that the defendant did not have the intent or ability to join the victim in the projects ordered by the Ma or the establishment of E, and there was no intention or ability to guarantee ten times the amount even if he received the investment funds from the victim.

Nevertheless, the Defendant deceiving the victim and transferred three million won to a deposit account in the name of F on November 8, 2012 from the victim, and around November 12, 2012, the Defendant was transferred KRW 10 million to a deposit account in the name of G in the name of his/her father on or around January 14, 2013, KRW 6 million on or around January 14, 2013, KRW 5 million on or around March 11, 2013, KRW 5 million on or around March 18, 2013, KRW 30 million on or around March 18, 2013, and KRW 5 million on or around April 23, 2013.

Accordingly, the defendant, by deceiving the victim, acquired a total of 34 million won from the victim by transfer.

Summary of Evidence

1. Statement made by witnesses D in the third protocol of the trial;

1. A protocol concerning the examination of partially the accused by the prosecution (including DNA statements);

1. A protocol concerning the police investigation of suspect with regard to F;

1. Statement of D police statement;

1. A written notification;

1. The statement is made to the effect that the victim consistently heard the same end of the crime from the notification sent by the victim after the case to the court and delivered the money of this case. The defendant also tried to establish E through investment in the prosecution investigation process, and transferred the welfare foundation that he operated for this purpose (the name was changed to H’s welfare foundation).

The purpose of this study is to say that it is possible in light of I's words and behavior although I did not have the ability to join the victims in various projects of the Round.

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