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(영문) 서울동부지방법원 2014.05.15 2014고단185
사기
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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 185] On October 21, 2012, the Defendant made a false statement that “The Defendant would sell the victim’s apartment in lieu of D apartment in the Seoul Dongjak-gu Seoul Metropolitan Government,” by telephone from any of the Cheongdong-gu, Seoul, and sold the victim’s apartment with telephone around October 31, 2012 to the victim for KRW 493 million. As part of the money, the Defendant sold the victim’s apartment with telephone around the Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. As part of the money, the Defendant made a false statement that “The purchase of the above D apartment with KRW 500,000,000,000,000,000,000,000,000,000 won.”

However, in fact, the defendant did not have sold or purchased apartment units as above, and he thought that the above 55 million won was used as personal debt repayment, etc.

around November 1, 2012, the Defendant received KRW 55 million from the victim at the aforementioned false end.

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

[2014 Highest 379]

1. On January 27, 2014, at around 20:00, the Defendant rendered food to the victim F, operated by the victim F, on the first basement in Gwangju-dong E-gu, Gwangju-gu, and even if the Defendant did not have the intent or ability to pay the price, he/she did so as to pay the drinking value, etc., and he/she did so.

The Defendant, as above, by deceiving the victim, received food and service equivalent to KRW 240,00 from the victim, namely, the sum of KRW 240,00 from the victim.

2. The Defendant, around January 28, 2014, at the above G entertainment tavern around 20:0, by deceiving the said victim by the said method, got the said victim to drink 17 sicks, Maternals, 1 Maternals, and 1 Maternals.

The Defendant, as above, by deceiving the victim, received food and service equivalent to the sum of KRW 368,00 from the victim, namely, the victim.

Summary of Evidence

[2014 Highest 185]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The prosecutor's statement concerning H;

1. The police statement of C 1.

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