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Reasons
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(영문) 서울서부지방법원 2015.08.27 2015고단1073
사기
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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 became final and conclusive.

(e).

Reasons

Punishment of the crime

From 200 to 200, the Defendant had operated a sales store in the name of "F" in Jongno-gu Seoul, and had run a business of importing Damond in Africa with H who operated a sales store in the name of "G" from 2010 to H who operated a sales store in the name of "G". On January 2012, the amount of taxes in arrears reaches 2.2 billion won and there were many other obligations and there were no other assets.

In April 2012, the Defendant made a false statement to the victim I stating, “F” at the “F” release store operated by the Defendant in Jongno-gu Seoul Police Officer, Jongno-gu, Seoul, that “I would purchase goods in a single copy and dispose of the release on bail as returned to Korea. If I lend money, I would like to purchase release on bail in Japan and pay money as returned to Korea. Money would be deposited to the account of the National Bank (K) in the name of J.

However, in fact, the Defendant, as seen above, did not have any intent and ability to repay the amount of taxes in excess of KRW 2.2 billion, and had credit rating of KRW 10,000,000.

Nevertheless, the Defendant received total amount of KRW 18 million from the victim on April 19, 2012 to the J’s account on or around April 25, 2012; KRW 20 million to the same account on or around April 30, 2012; KRW 12 million to the same account on or around April 30, 2012; KRW 4.5 million to the same account on or around June 20, 2012; and KRW 56.5 million from the victim on or around July 2, 2012.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement concerning I;

1. A copy of bankbook;

1. Application of Acts and subordinate statutes to investigation reports (NICE evaluation information replies);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62(1) of the Criminal Act (including the fact that an agreement has been reached with the victim).

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