(영문) 서울북부지방법원 2015.10.29 2015고단579

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자간(%)

(영문) 서울북부지방법원 2015.10.29 2015고단579

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant knew that the victim D, who was introduced from L which was known to C, wanted to be designated as a person of distinguished service to the State while serving military service, and tried to obtain money from the victim as if he had the ability to enable the victim to be designated as a person of distinguished service to the State.

1. On September 3, 2013, the defrauded 3 million won, who is the activity cost, means that “A shall send money to D (victim) in the course of performing the work with a adjuster,” and the said C transferred the statement to the victim.

However, in fact, the defendant received money from the victim and did not have the intent or ability to work for the victim's children together with the adjuster, and there was no intention or ability of the victim to be designated as a person of distinguished service to the State.

On the same day, the Defendant obtained 3 million won as activity expenses from the victim to the agricultural bank account in the name of the Defendant on the same day.

2. On September 11, 2013, the Defendant acquired 1 million won in the name of guard, “C, at an influent place, to transfer to D (victim) one million won for expenses, a meal to the Director of the Ministry of Patriots and Veterans Affairs,” and the said C transferred the victim’s horses.

However, the defendant was not well aware of the chairperson of the Ministry of Patriots and Veterans Affairs, and was planned to use the money for personal purposes.

On the same day, the Defendant acquired money in KRW 1 million from the victim’s account in the name of the Defendant to the agricultural bank account in the name of the Defendant.

Summary of Evidence

1. Each legal statement of witness D and C;

1. Grade D of the protocol of interrogation of the accused by the prosecution

1. Investigation report (the statement of bank transactions) submitted to the accused;

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