(영문) 서울동부지방법원 2018.05.10 2018고단64

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(영문) 서울동부지방법원 2018.05.10 2018고단64

사기등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant and the victim C agreed with each other on the premise of marriage, and the defendant will operate the family factory D from August 2016, and the victim will invest funds related to the operation of the factory, but the victim will manage expenses and profits incurred while operating the factory.

1. Fraud;

A. Around August 3, 2016, the Defendant made a false statement to the victim C at the D office located in Gangdong-gu Seoul Metropolitan Government, stating that “Is the scam to be used in a home factory” to the victim C.

However, even if the defendant received money from the victim as above, he did not intend to use it individually, but did not intend to use it for the purchase of phishing machines.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 7 million from the victim under the same day as the purchase price for the same day.

B. Around March 20, 2017, the Defendant, at the foregoing D office, said D office, stated that “The Defendant shall pay the said victim KRW 7 million to F.”

However, the defendant did not have a debt of 7 million won to the LAF in the course of D operation, and even if he received the above money from the injured party, he thought to use it as the defendant's gambling fund.

In the end, the Defendant, as above, was accused of the victim and was given KRW 7 million to the victim under the pretext of repayment of the debt to the LAF on the same day.

2. Around August 7, 2016, the Defendant embezzled KRW 18,401,400 in total four times as indicated in the list of crimes following the crime, when he/she received KRW 12,000 from the victim C to transfer the said money to G, who is a seller of Washington machinery, but received the cancellation of the transaction and received the refund of KRW 12,00,000 for the victim, and was in custody for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement 1.3

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