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(영문) 서울중앙지방법원 2017.07.12 2017고단2779

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On December 29, 2009, the Defendant was sentenced to imprisonment with prison labor for 10 months at the Seoul Southern District Court, and the judgment became final and conclusive around that time.

[Criminal facts] The defendant committed a crime on December 2008 against the victim C in the vicinity of the Haban-dong in the Haban-dong in the Haban-dong in the Haban-dong of the Haban.

The money is transferred to the account under the name of the immediately preceding D whenever the money is requested for the fraud of these things. The money borrowed from February 2009 is to be repaid.

“False speech was made to the effect that it was “.”

However, the defendant was instructed to demand excessive repayment of bonds at the time, and operated in the name of the wife D.

It was difficult to repay the interest of the bonds with the operating profit of E, and even if the money was paid from the injured party, it was thought that it was used as repayment of the debt and living expenses, and there was no intention or ability to repay it in time.

In addition, the Defendant: (a) by deceiving the victim as above; (b) received 4 million won in the post office account (Account Number F) in the name of D on January 5, 2009 from the victim; and (c) received 176,500,000 won in total over 14 times during the period from February 12, 2009 to February 12, 2009.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Partial statement of the defendant in the protocol concerning the examination of the suspect against the defendant;

1. Entry of C in the statement protocol of each police station against C, and the statement of C in the second police interrogation protocol against the accused;

1. E business registration certificate (net No. 2), transaction details of money remitted by the injured party (net No. 3), account transaction details in the name of G of the accused (net No. 4), account settlement (netly No. 5) on January 2009, and performance statement (netly No. 6), each copy of the decision ( Incheon District Court No. 2013, 13578, 2015Na7659) (netly No. 7), and post offices in the name of suspect D.