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(영문) 서울동부지방법원 2015.03.26 2014고단2880

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

[Attachment] On June 13, 2014, the Defendant was sentenced to a suspended sentence of two years of imprisonment for fraud at the Sungnam Branch of Suwon District Court for eight months, and the said judgment became final and conclusive on January 30, 2015.

[2014 Highest 2880] On August 18, 2011, the Defendant made a false statement that “In the E house located in Gangseo-gu Seoul Metropolitan Government D apartment 801 Dong 1001 Dong 1001, the Defendant would pay two additional interest every month if he/she is engaged in bond business, and if he/she lends money, he/she will pay it within one year.”

However, the defendant does not engage in the bond business, and even if he borrowed money, he thought that he would be able to repay the existing debt, and there was no intention or ability to repay the borrowed money.

As such, the Defendant, by deceiving the Victim F, received 10 million won from the Victim F through the Defendant’s national bank account from the Victim F for the purpose of borrowing money, and acquired it by deceiving the Victim F and G from December 29, 201 to December 29, 201, respectively, and acquired 70,430,800 won in total on 12 occasions, as stated in the attached crime list, from the time of deceiving the Victim F and G, respectively.

[2014 Highest 3258] On July 201, the Defendant made a false statement that “The Defendant would make the Defendant contribute to the film in the film that needs to be distributed to North Korea, and will make the said film as a film, for six months after the face of the week, to the victim I (the age of 27), who is a North Korean defectors, in the Gangseo-gu Seoul Metropolitan Government H apartment 801 Dong101, 1001, and the victim I (the age of 27).”

However, the defendant did not have an intention or ability to create the above victim as a motion picture.

As such, the Defendant, by deceiving the victim I to this effect, shall be from the above victim to the passbook account under the name of the Defendant, KRW 6 million around July 27, 201, and the same year.

8.4.Around April 1, 2000 won, such as the receipt of each remittance of KRW 3 million, was obtained through fraud.

Summary of Evidence

[2014 Highest 2880]

1. Statement of the accused in the second protocol of trial;

1. Each prosecutor's protocol of examination of the accused and I;

1. The police in relation to G.