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(영문) 서울서부지방법원 2013.08.28 2013고단1610

사기

Text

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

On July 1, 2010, the Defendant subscribed to the so-called “20-day” system, which is the No. 20-day system, to receive the time limit amounting to KRW 20 million by paying KRW 1 million each month at the above victim C’s restaurant located in Mapo-gu Seoul, Mapo-gu, Seoul. On July 1, 201, the Defendant called “20-day system” on July 26, 201, the Defendant provided that “The Defendant against the victim E shall pay KRW 10 million to the victim E, who is the “20-day system.”

However, even though the defendant did not have the ability to repay ten million won within three months, he/she acquired 10 million won in cash from the victim in his/her place of payment by hiding it.

2. On January 12, 2012, the criminal defendant against the victim C stated, “The defendant would make the payment later if he/she would make the payment instead of the unpaid amount.”

However, from January 2012, the defendant had no intention or ability to repay the amount even if the victim paid the amount of the funds to his/her relatives with his/her business funds and living expenses.

Nevertheless, the Defendant received an amount of KRW 20 million from the victim, and then acquired money by means of making a total of KRW 1722,220,000 from November 20 of the same year, such as allowing the victim to pay an amount of KRW 8.2 million on behalf of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to C, F, and G;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the crime. Article 347 (1) of the same Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition for more than the reasons under Article 62(1) of the Criminal Act (including the circumstances of the crime, the amount of damage, the initial crime, and the amount of repayment);