(영문) 서울중앙지방법원 2019.05.09 2017고단7428

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(영문) 서울중앙지방법원 2019.05.09 2017고단7428

사기

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A defendant shall be punished by imprisonment for four months.

except that 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 8, 2016, the Defendant: (a) tried to obtain money from the victim by using the fact that the victim D, who became aware of through the introduction of B in the hotel coffee shop in Gangnam-gu Seoul Metropolitan Government, is in need of business funds; and (b) decided to enter the victim’s office of drug state by inserting 2.5 million won directly into the diplomatic movement and having arrived at the office of drug state. Although customs clearance tax 23 million won was paid to the customs house, in order to find the above 2.5 million won was paid to the above 2.5 million won, the Defendant offered 36,00 million won (Korean currency KRW 41 million) to the diplomat; (c) among them, 20 million won will be raised by us; (d) there is a lack of funds, and (e) there is a false amount of money to be raised by 2.5 million won and 2.0 million won per investment account."

However, the fact that the defendant and B stated that the amount was the above 2.5 million won in the Incheon public port is that the defendant and B did not confirm the fact, and the defendant and B did not intend to use the money borrowed from the victim for any other purpose, and therefore there was no intention or ability to invest the amount of KRW 2.5 million among the money to the victim.

On October 11, 2016, the Defendant, in collusion with B, by deceiving the victim as such, received the money from the victim to the bank account under the name of E, which is designated by the Defendant as the borrowed money, and acquired by the defrauded.

Summary of Evidence

1. The witness F's partial statement on the fourth public trial date; and

1. Statements made by witnesses B in the second protocol of the trial;

1. Statements made by witnesses D in the fourth trial records;

1. Each police suspect interrogation protocol against the accused, B, and F;

1. Statement made to D by the police;

1. A complaint filed in D;

1. Recording materials of the report of investigation;

유사 판례

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