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Reasons
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(영문) 의정부지방법원 고양지원 2019.11.28 2019고단1569
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, part of the facts charged was revised.

1. Around July 2017, the Defendant committed the crime related to the business of the S Team business trip set forth in the following false statement to the victim C, “In order to remodel the vehicle at home and invest KRW 49 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, was to be 5:5,000,000.”

However, the defendant did not have invested KRW 49 million in the above business at the time.

Accordingly, around August 8, 2017, the Defendant was transferred KRW 50 million to a bank account in the name of the Defendant (E) around August 8, 2017 by deceiving the victim.

2. On September 2017, the Defendant stated that “Around September 2017, the Defendant would have his share ratio of KRW 5 million, a half of which is KRW 10,000,000, deposited into the Republic of Korea, shall be 5:5,000.”

In fact, the Defendant did not intend to use the above business even if he did not receive the investment money from the victim because of the economic situation, such as bearing approximately KRW 70 million of debt, etc.

Accordingly, the Defendant was transferred KRW 5 million to the above account around October 11, 2017 by deceiving the victim.

Summary of Evidence

1. The legal statement of the witness C, and the witness G's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the whole part of the protocol of interrogation of the accused);

1. Part C of the police interrogation protocol against the accused;

1. Statement to C by the police;

1. Each H business contract;

1. A contract for the establishment of the Deputy Director;

1. Recording recording (No. 25 of the evidence list);

1. Investigation report (non-party I telephone communications);

1. Investigation report (the result of execution of written consent to provide financial transaction information to suspects, such as financial transaction information);

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