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(영문) 서울중앙지방법원 2013.12.31 2013고단1499
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the representative director of the 3D Scrap golf equipment manufacturing and selling chain (ju)C.

On May 2012, the Defendant introduced the victim E (the age of 34) at the coffee shop located in Daejeon-gu Daejeon-gu, Daejeon-gu, and the victim E (the age of 34) who wishes to operate the screen golf course at Boh-si.

Around that time, the Defendant made a false statement to the effect that “When depositing money to the victim E through F, the Defendant would install three golf machines screened up to the middle of July 2012.”

However, even if the Defendant received money from the victim, the Defendant did not have any intent or ability to install three of the three of the golf machinery screened until the mid- July 2012.

Nevertheless, as above, the Defendant, by deceiving the victim and then deceiving the victim, through a new bank account (Account Number G) under the name of the Defendant (State)C operated by the Defendant from the victim, obtained a total of KRW 70,000,000 from each transfer of KRW 30,000 on May 25, 2012, KRW 29,000 on May 29, 2012, KRW 10,000 on June 7, 2012, and KRW 10,000 on June 8, 2012.

Summary of Evidence

1. The statement of a part of the prosecution concerning the accused, and the statement of the E and F among the protocol of interrogation of the prosecution;

1. The statement of the defendant in part of the second police examination protocol, and the F among the examination protocol of the suspect under the prosecution;

1. Statement of each police statement of E;

1. Complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of relevant data, such as details of accounts A of a suspect), preparation of recording records, and reporting on an investigation (Attachment of specifications received by H of reference C);

1. The scope of recommending and balancing the grounds for sentencing under Article 347(1) of the Criminal Act regarding the relevant criminal facts: Consideration of the number of crimes, the scale of damage, whether to recover damage, the age of the accused, environment, power of crimes, etc., committed between six months and one year;

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