(영문) 서울중앙지방법원 2015.11.06 2015고단733

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(영문) 서울중앙지방법원 2015.11.06 2015고단733

사기

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A defendant shall be punished by imprisonment for six months.

except that 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

In fact, even if the defendant receives money from the victim C for expenses, etc., the defendant did not have any intention or ability to have the victim deliver food materials to the company, or to have the victim find employment with the company.

Nevertheless, around September 6, 2013, the Defendant was transferred from the victim to the new bank account in the name of the Defendant on the same day under the name of the victim on the same day, on the same day as the victim, by stating that “the Defendant shall be able to deliver food materials to the company, and the expenses to be considered to be considered as having been changed” to the victim in the neighboring office of the Jongno-gu Seoul Metropolitan Government Jongno-gu.

In addition, the Defendant, as indicated in the list of crimes as follows, received money of KRW 12 million through seven times from September 6, 2013 to January 24, 2014 and acquired it by fraud.

On September 6, 2013, 14: (a) the amount of money for the temporary method of setting the table of crime (wons) 2,000,000,000 above the same 2,000,000 as of October 4, 2013; (b) the sum of the evidence 1,000,000,000 above Dong Dong 1,000,000 on October 21, 2013 and above 2,00,00,00,00,000,000 on November 8, 2013 and above 2,00,00,00,000 on December 14, 2013; and (c) the aggregate of the evidence 2,00,00,000,000,000,000 on December 14, 2013; (d) the evidence 20,71,204,7,2013.

1. Partial statement of the defendant;

1. C’s legal statement;

1. The defendant's partial statement and the statement of C in the prosecutorial protocol against the defendant (According to the above evidence, it can be known that the defendant, at the time of receiving money from the victim, could not be definitely possible to allow the victim to supply food materials to the company or to employ the victim's figures. In light of the above circumstances, it is reasonable to deem that the defendant had dolusent intent to commit the crime in the judgment).

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