(영문) 서울중앙지방법원 2013.05.30 2012고단7250

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(영문) 서울중앙지방법원 2013.05.30 2012고단7250

사기

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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 17, 2008, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court, and was released on September 30, 2008 and passed on October 19, 2008 during the execution of the sentence.

On August 29, 2011, the Defendant made a false statement to the victim C at the coffee shop near the Seocho-gu Seoul Metropolitan Government shift, stating that “The right to remove the F Sports Center in Yongsan-gu Seoul Metropolitan Government D and E was delegated by the executor, and the operator also gave the funds to the executor, thereby allowing the right to remove the money on the face of KRW 30,000,000 as the introduction cost.”

However, in fact, the Yongsan-gu Seoul Metropolitan Government D and E were in business the “G golf course” and the owner of the said G golf course did not request another person to remove the G golf course, and there was no report on the removal of the G golf course and application for a building permit to the Yongsan-gu Office, which is the competent authority, and there was no fact that the Defendant was delegated the right to directly remove the G golf course by the executor, and the Defendant did not transfer the right to directly to the victim due to the absence of any specific import from the Defendant. Therefore, the Defendant did not have any intent or ability to normally transfer the right to remove even if he received KRW 30 million from the victim, or recover the damage.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim’s occupation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, H and I;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of the police statement regarding C;

1. Responses to requests for cooperation with investigation;

1. A contract for removal works, a cash storage certificate, a copy of a check, a power of attorney;

1. Previous convictions in the judgment: According to each evidence of the judgment on the issue of criminal records and investigation reports (the attachment of criminal records and investigation reports), the defendant is not the co-implementer of the removal and new construction of this case.

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