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(영문) 수원지방법원 성남지원 2015.12.16 2015고단1043

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant pays 151,248,500 won to an applicant for compensation.

Reasons

Punishment of the crime

On December 2, 2012, the Defendant became aware of the Victim C who was a guest at a sexual traffic business establishment located in Gangdong-gu Seoul Metropolitan Government, which he worked as a entertainment receptionist, and was close to the fact on September 2013, when he was divorced by the birth in 1977 and became able to move to the two. However, the Defendant was married to the victim in 1985 without the fact that he was married to the birth of the victim in 1985.

On October 5, 2013, the Defendant made a false call to the victim by telephone at the above place, stating, “The Defendant would receive benefits if she lends money to her mother who is in need of hospital expenses.”

However, the Defendant did not have the reserve funds to receive from F, and rather, the Defendant was obligated to pay approximately KRW 60 million in total, including KRW 30 million borrowed from F as prepaid, KRW 10 million in credit card, KRW 20 million borrowed from the branch, and KRW 20 million in total. The actual monthly income was about KRW 2 million in the use of the monthly income as childcare expenses and living expenses, and there was no other money, and even if the Defendant borrowed money from the victim, there was no intention or ability to pay it.

As such, the Defendant, by deceiving the victim, received KRW 500,000 from the victim with a new bank account (Account Number: G) in the name of the Defendant under the pretext of borrowing money from the victim, and received KRW 134 times a sum of KRW 15,124,00,00 in the attached list of crimes, such as the list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Financial transaction statement and corporate bank financial transaction statement;

1. A detailed statement of each use of our card, a new card, and a lot card;

1. A detailed statement of damage;

1. Recording records;

1. Application of the Kakao Stockholm-Powered statute

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

1. The former part of Article 37 of the Criminal Code among concurrent crimes.