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Reasons
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(영문) 서울중앙지방법원 2016.02.18 2015고정1040
사기
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

From September 3, 2011, the Defendant borrowed a part of the “F” space in Jongno-gu Seoul, Jongno-gu, Seoul E public Chapter, which was operated by the Defendant, produced gold (or gold manufactured in gold products by processing more than once) or cash from the Victim G and supplied it to the victim.

① On January 17, 2014, the Defendant: (a) committed an act as if he/she would produce a counter-fluorial 9.9% of the net gold 10 gold fluor from the injured party on January 21, 2014; (b) received 10 gold fluor from the injured party on January 21, 2014; and (c) delivered the injured party to the “F” on January 25, 2014; and (b) received 1780,000 won in cash equivalent to 10,000 won in cash from the injured party on January 25, 2014; and (d) made ten fluoral fluor from the said “F” on January 28, 2014.

However, the Defendant thought that the Defendant would supply the victim with 92.0% or 95.0% merely by mixing the gold 9.3% above or the net gold 17.80,000 won purchased from the injured party, and there was no intention to produce and supply the gold 9.9% above at all.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) produced and supplied a counter-influencies with cash 1780,000 won from the injured party; and (c) thereby acquiring pecuniary benefits equivalent to KRW 87,307,365, Jan. 17, 2014 equivalent to the difference between the net gold actually used for the production of the counter-influencies; and (b) obtained pecuniary benefits equivalent to the difference between the amount requested on January 25, 2014.

Summary of Evidence

1. Legal statement of the witness H;

1. The witness G, I and J respective legal statements;

1. Entry of the defendant in part of the protocol of interrogation of the suspect to the prosecution and the statement in G against the defendant at the first time;

1. The description of the defendant's partial statement and G, and I concerning the defendant in the second examination protocol of the suspect examination by the prosecution;

1. The second police against the defendant.

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