(영문) 서울동부지방법원 2015.12.09 2015고단2669

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(영문) 서울동부지방법원 2015.12.09 2015고단2669

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 26, 2007, the defendant paid a deposit of KRW 9 million to the KJ hot Spring, which is located in Gwangjin-gu Seoul Special Metropolitan City E underground floor, and operated business, such as detailed and oral cleaning, on the second underground floor.

On October 6, 2008, the Defendant presented a service contract in which the deposit amount is KRW 20 million to the victim C, who decided to carry on a business with scarcity and oral scarbing, etc. at the Defendant’s living room located in the Seoul Gwangjin-gu Seoul Special Metropolitan City on October 6, 2008, and the written indictment stating, “The deposit for the public bath shall be KRW 20 million. The deposit amount for the public bath shall be KRW 8.5 million which shall be reduced to half of the revenues and KRW 3 million which shall be changed to KRW 8.5 million for the public bath.” However, the Defendant’s statement and the victim’s custody (the service shall be kept in the country, and the service shall be corrected together) is corrected.

Since the Defendant was also disputing the same purport, the recognition of such factual basis does not interfere with the Defendant’s exercise of the right of defense.

However, in fact, a service contract, the deposit amount of which is KRW 20 million, which is written as the form of the service contract of the previous person, is used as it is, and the actual deposit that the defendant paid was not more than KRW 9 million, and there was no intention or ability to return the contract even if the defendant's personal liability has reached KRW 9 million and there was no particular property, and even if he has received money from the victim as the security deposit, he did not

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 11,50,000 from the victim for the same day as the deposit money, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C;

1. A service contract or a service contract, or a custody certificate;

1. Investigation reports (Investigation into G Telephones).

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