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(영문) 서울중앙지방법원 2014.12.24 2014고단6158
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 2, 2012, the Defendant, at the Seocho-gu Franman D’s shelter located in Gangnam-gu Seoul, concluded that “The Defendant would seek happiness if he remitted KRW 30 million to the value of the goods, by opening a meeting of the church flag, with the awareness of the inside flabing of the uniforms,” to the victim E.

However, even if the defendant receives the above money from the victim, because he planned to use it as office operating expenses, monthly rent, etc., there was no intention or ability to supply uniforms to the victim.

On December 10, 2012, the Defendant received 30 million won from the victim to the bank account in the name of F used by the Defendant on December 10, 2012.

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

Summary of Evidence

1. Each legal statement of witness E and G;

1. Each statement made by the prosecution E and H among the suspect interrogation records of the accused;

1. G Fact-finding certificates;

1. Details of transactions in each account;

1. Application of both restoration team photographs, text messages, and text photographs and Acts and subordinate statutes;

1. There is no doubt that Article 347(1) of the Criminal Act applicable to criminal facts, Article 347(1) of the Criminal Act, the choice of imprisonment [E and G (the statement that the defendant agreed to substitute any other type of intent supplied by the defendant is different)]

() H (the Defendant was willing to purchase a uniform from the face of money to the Defendant, but the Defendant stated that “the money did not enter”, which was 1 million won of the provisional contract and brought a sample sample and displayed it to the Defendant and I et al., and there is no reason to not engage in funeral for the benefit of the Defendant on the ground that it is not good between the victim and the victim.

Comprehensively taking account of each statement of the victim and the fact that the defendant remitted only 10 million won out of 30 million won received from the victim to H, but did not remit the remaining 20 million won, the defendant acquired money from the victim without the intention or ability to purchase the uniforms from the first time.

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