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(영문) 춘천지방법원 강릉지원 2014.09.17 2014고단568
사기
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A defendant shall be punished by imprisonment for six 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

The Defendant operated the “Dk Center” in Gangnam-si C.

On August 1, 2011, the Defendant told the victim E at the aforementioned DKa Center that “10 tons of 160 tons of cicker 10% of cicker cicker 25 million won, paid 50% of crawer crawer crawer crawer crawer.”

However, the defendant thought that he did not use the money received from the victim in the order and used the money for the Ka Center's operation fund.

Nevertheless, on September 1, 201, the defendant was delivered to the company bank account in the name of the defendant in the name of the victim with 12 million won under the name of the victim.

After that, on December 29, 2011, the Defendant stated that “The Defendant shall transfer the remainder of KRW 13 million to G’s account because other words arrive.”

However, in fact, the defendant was given a delivery to the "Seutron" who ordered the above G prior to the victim, and the defendant spent the money that he received from Seutron from Seutron, with the entire K Center's operation fund, and there was no intention or ability to purchase the feutron to the victim.

Nevertheless, on December 29, 201, the Defendant received KRW 13 million from the victim via G name bank account (H) designated by the Defendant on December 29, 201.

Accordingly, the defendant received a total of KRW 25 million and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the transfer certificate (E) Acts and subordinate statutes;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act, based on the following circumstances, such as the fact that the defendant recognized his mistake and reflects the fact that the defendant made an agreement with the victim, the age, character and conduct, family relationship of the defendant, the circumstances leading to the instant crime and the future progress, shall be considered within the scope of sentencing guidelines (general fraud, type 1, type 1, type 1, type 1, type 1, type 1,

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