(영문) 서울중앙지방법원 2014.02.19 2013고단7103

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(영문) 서울중앙지방법원 2014.02.19 2013고단7103

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 14:00 on November 15, 2012, the Defendant stated that “A victim E (China, China, 48 years of age) shall operate a security deposit of KRW 25 million at D History or Marina for a period from November 15, 2012 to 10 months from November 15, 2012, the Defendant would return the security deposit at the time of termination of the contract.”

However, while the defendant, at the time, was liable for the amount of 30 million won or more when he acquired the right to manage the private letter, and was liable for the 50 million won or more, the property was limited to the amount of 80 million won or more, and there was no monthly income from which he was able to pay the 80 million won or more, so even if he was paid the sacrife or service deposit, there was no intention or ability to return the deposit at the time of the termination of the contract.

The Defendant received 25 million won in cash as a security deposit from the victim’s occupation in the aforementioned false manner.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each part of the prosecutor's office and police interrogation protocol of the accused (including the E Statement);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the contract for the use of receipts or bathing facilities;

1. Judgment on the assertion of the defendant and his/her defense counsel under Article 347(1) of the Criminal Code of the relevant criminal facts

1. It is true that the alleged defendant did not receive the security deposit for the operation of the marina room from the victim and did not return the security deposit to the victim. However, since the enemy did not perform the promise due to the occurrence of sabru and operational failure, it was not only the victim but also the victim did not acquire the security deposit amount from the beginning, there was no intention to commit the crime of defraudation.

2. Determination

A. The criminal intent of defraudation, which is a subjective constituent element of fraud, is a crime unless the defendant makes a confession.

참조조문

-형법 제347조 제1항

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