(영문) 서울동부지방법원 2014.01.15 2013고단490

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(영문) 서울동부지방법원 2014.01.15 2013고단490

사기

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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 of the final judgment.

Reasons

Punishment of the crime

Around March 23, 2012, the Defendant made a false statement to the effect that “Dwebing bag” office located on the eightth floor of Dongdaemun-gu Seoul building C is registered as a business operator normally. The Defendant would allow F to hold an exclusive and exclusive event for one year in Dwebing hole, the president of which is in the Republic of Korea, and that F will leave 20 million won as a security deposit.”

However, in fact, the Defendant was at least KRW 40 million without his/her own property, and the Defendant was unable to obtain permission from the competent administrative agency because he/she did not normally take over the database from operator G, and was unable to lease the said database because he/she did not prepare a deposit for lease deposit 300 million won with only the lessor of the building, and even if he/she was paid money from the victim, there was no intention or ability to designate the victim as a cooperation company to have it proceed with the exercise of the database.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 20 million under the name of a new bank account under the name of H, which was designated by the Defendant from the victim, from the victim, as the deposit money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, I, J, and K;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of the police statement of E;

1. The exclusive contract for the subcontractor;

1. Application of each statute;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act provides that the amount obtained by the Defendant from the victim is not specified as KRW 20 million, or the Defendant denies the criminal intent of deception and deception. However, according to each of the above evidence, at the time of receiving money from the victim, the Defendant is from the 7th floor of the above C building.

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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