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(영문) 서울중앙지방법원 2018.11.16 2017고단8125

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 20, 2013, the Defendant took a view that the Defendant would normally pay the accounts at the victim D's office located in the Seoul Special Metropolitan City, Gwanak-gu building C, and entered the accounts in the order of 16 members of the fraternity operated by the victim, 20 million won per unit, and 1.6 million won per unit of the accounts, and 1.6 million won per unit of the accounts.

However, the Defendant did not have any particular property or income, while the Defendant was responsible for the obligation of financial institutions equivalent to approximately KRW 250 million, and was paying the accounts due to the accounts or loans of loan companies received by joining several times. Therefore, even if receiving the said accounts, there was no intention or ability to pay the accounts normally.

The defendant deceivings the victim as above, and was delivered KRW 2,0250,000 to the victim on April 10, 2013.

The Defendant, including that, from around that time to October 19, 2013, obtained a total of KRW 94,100,000 from the damaged persons on five occasions, such as the list of crimes, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect of the police officer on October 30, 2017 against the defendant;

1. Part of the statement made to the accused in the protocol of interrogation of the suspect;

1. D Legal statements;

1. Application of Acts and subordinate statutes on account details, verification, account details, and account details to the head of the fraternity, or account details;

1. Article 347 (1) of the relevant Act and the choice of punishment for the crimes, and the choice of imprisonment;

1. Defendant’s assertion as to the assertion of the Defendant and his/her defense counsel under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes

A. The limit No. 1 of the list of offenses listed in the annex No. 1 is affiliated with the Defendant, which is affiliated with E.

B. The Defendant did not deceiving the victim and did not have the intent to commit the crime of defraudation by the Defendant.

In 2013, the defendant was operating Gyeongsung (Seoul) House and was economically capable of paying the paid-in money.