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(영문) 서울서부지방법원 2013.11.06 2012고단1097

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From around 2009, the Defendant came to know of the victim D and he he he he he he he he he stockpiled.

Around April 15, 2010, the Defendant made a false statement to the victim D's house of Yongsan-gu Seoul E-gu Seoul Metropolitan Government E-dong 715 that "the head of the Yongsan Police Station G, the head of the Yongsan-gu Seoul Metropolitan Government Economic Team, who is pro-friendly and pro-Japanese, also tried to file a complaint against the victim on the ground that he/she was able to borrow money from a person F, as well as to help him/her to do so."

However, the Defendant did not have any intention or ability to repay the debt, even though he did not have any income from about 43 million won and he did not borrow money from the victim.

As such, around April 19, 2010, the Defendant, by deceiving the victim, received KRW 27 million from the victim, to the account under the name of the Defendant, KRW 7 million around May 6, 2010, KRW 250,000 around May 28, 2010, and KRW 1.55 million around May 28, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on loan certificate attached to the complaint;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;