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(영문) 서울중앙지방법원 2014.08.08 2014고단3311
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 2013, the Defendant stated that “In the Republic of Korea, the Defendant had a monopoly’s right in B casino, E casino, F hotel casino, and rollering system of G casino in detail in the Philippines, and that “The Defendant may bring profits from the said casino if he/she invests the deposits in the casino.”

However, the Defendant did not have the right to monopoly the above casino's rolling system, and the Defendant thought that part of the above money was received from the victim to be used for gambling funds. Even if some of the money was deposited in the rolling system, the Defendant thought to be used for gambling at will if the money for gambling of the Defendant is insufficient, and there was no intention or ability to pay high-profit corresponding to the investment funds to the victim.

around July 3, 2013, the Defendant: (a) around July 3, 2013, with the H account under the name of the Defendant’s designated on the part of the victim; (b) around 595,00 PS (Korean 15,000,000); (c) around July 5, 2013, the Defendant received KRW 522,000 (Korean 14,000,000) from the account in the name of an enterprise bank designated by the Defendant; (d) around July 31, 2013, the Defendant received KRW 1,140,000 (Korean 30,000,000) from the account in the name of the Defendant; and (e) received KRW 273,000 (Korean 7,00,000,000) from the national bank account under the name of the Defendant’s designated on August 26, 2013; and (e) received KRW 8308,0000,08000 (Korean 2008.

In this way, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of H concerning H;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on the loan certificate;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act for the reason of sentencing of the crime (Optional to Imprisonment) is highly heavy and the quality of the crime is not good in the method of crime.

Although the defendant submitted a written agreement with the victim, he/she may do so.

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