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(영문) 서울동부지방법원 2013.12.12 2013고단2440
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of the overseas field B, and the victim C is the chairperson of the law school parents association in the open-gu branch of the D Middle School.

On July 23, 2012, the Defendant, at a coffee shop where the name located in the Seoyangdong, Gwangjin-gu Seoul Special Metropolitan City, concluded that “I would provide the victim with a training camp site, board, accommodation, and airline ticket in Thailand from December 30, 2012 to January 28, 2013 when I paid KRW 72 million to the victim.”

However, even if the defendant receives money from the victim, he/she did not have the intent or ability to provide him/her with aviation tickets, accommodation, etc. related to the off-site training.

As such, the Defendant, by deceiving the victim, received KRW 2.5 million from the victim, KRW 5 million on the same day, KRW 5 million on July 26, 2012, and KRW 1,576 million on September 5, 2012 from the Defendant’s wife E bank account in the Defendant’s name, and received KRW 2,576 million on July 23, 2012 from the Defendant’s mother G bank account (H).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report (such as the certificate of deposit, etc.-I except for the case), a criminal investigation report (the details of a warrant of search, seizure and verification), a criminal investigation report (the telephone conversation report to the chief of the J office in the Crily projected Co., Ltd.), a criminal investigation report (the telephone conversation report to the chief of the JJ office in the Cri

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

2. Article 62 (1) of the Criminal Act;

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