(영문) 광주지방법원 순천지원 2017.10.27 2016고단2787

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(영문) 광주지방법원 순천지원 2017.10.27 2016고단2787

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On April 6, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud at the Incheon District Court on April 6, 2016, which became final and conclusive on April 27, 2016.

The defendant, around July 2009, at the branch office of the person located in Yangyang-dong Seoul, the victim C is entitled to receive the right to manage the pulmonary change from the Korean power because it is a veterans organization.

Since it is possible to accept the above business rights from the different military police associations, it changed the amount of KRW 100 million to be paid to the different military police associations, KRW 50 million to be paid to the administrative officers, etc.

However, in fact, the defendant only agreed to enter into an agreement on the designation of different military police units D and non-waste changer, and the disposal and transportation business of general wastes, and the contents of the agreement are also about the operation and distribution of shares of the defendant's own ability. Therefore, the different military police units D awarded the right to operate a closed pressurer treatment business and did not grant the right to do so to the defendant or a third party through the defendant. Thus, even if the defendant received money from the injured party for the purpose of investment and street funds, there was no intention or ability to give the victim the right to operate the closed pressurer treatment business.

On July 20, 2009, the Defendant: (a) by deceiving the victim as above; (b) received KRW 100,000 from the victim under the trade in French-gu, Incheon on July 20, 200; and (c) received KRW 25,00,000 from the new bank account in the name of E on July 31, 2009; and (d) received KRW 145,535,000 in total three times by remitting to the bank account in the name of E on the pretext of the street funds.

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

Summary of Evidence

1. Each legal statement of witness C, F and G;

1. Each police statement made to H and I;

1. Copy of a check and details of transactions;

1. An agreement (No. 34 No. 5) and a letter of guarantee (No. 35 No. 5);

1. Previous Records: The results of inquiry and the investigation report (the case shall be examined.

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