(영문) 서울남부지방법원 2020.07.22 2020고정112

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(영문) 서울남부지방법원 2020.07.22 2020고정112

사기

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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 7, 2019, the Defendant requested from the vice president C (the vice president D) president D to work for the web design drafting, which became contacted through the job offering and seeking site B, and on February 11, 2019, the Defendant provided four copies of the web design scenarios (the two pages, two pages, and two pages) necessary to participate in the tender for the reorganization of the E press website by February 11, 2019 and received one million won as the service cost.

However, even if the defendant receives service fees from the victim, he did not have the intent or ability to supply the web design time.

Nevertheless, the Defendant, by deceiving D as above, was transferred KRW 725,250 to a new bank account in the name of the Defendant under the name of the victim for service charges on the same day.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each police statement concerning D;

1. Letters and details of financial transactions [the defendant and his/her defense counsel have the intent or ability to supply the web design draft at the time when he/she is to receive service fees from the victim, and the victim unilaterally terminated the contract and fails to refund the service fees. Thus, the defendant cannot be recognized as having committed deception and fraud. However, the following circumstances acknowledged by the evidence duly adopted and duly investigated by this court, i.e., the defendant, upon request from the victim for work on February 7, 2019 when he/she decided to complete the work by February 11, 2019, did not perform any work to supply the web design time when he/she continuously requested to change the service fees (the materials submitted by the defendant alone cannot be deemed to have fulfilled the service even if the defendant partially performed the service to supply the web design draft to the victim.

(2) There was a disagreement as to whether the web design design is four or eight pages to be supplied between the defendant and the victim.

유사 판례

-부산지방법원 2015.01.22 2014고정4771

-서울중앙지방법원 2016.04.08 2014가단156017

-울산지방법원 2012.12.28 2010노170

-대구지방법원 2020.04.08 2019나318247

-서울남부지방법원 2015.12.11 2015가합103266