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(영문) 서울중앙지방법원 2018.09.20 2018고단1531

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 17, 2016, the Defendant may treat the victim E (B) for all the schedule, such as the marriage and the new marriage travel, at the large cost, in that he/she is a cover of the D having the D having the D having the D having the D having the D having the Seoul Yeongdeungpo-gu Seoul Metropolitan Government (29 tax).

On the other hand, 3 million won of down payment will be able to take a wedding ceremony and progress a wedding.

Madddive travel may be directly connected to a local person at low cost.

“A false representation was made.”

However, at the time, the Defendant had already failed to properly handle other marriage-type and new travel-related reservations, and had been urged to pay the unpaid money to his customer, and even if the business operation funds were insufficient due to the shortage of business operation funds, there was no intent or ability to proceed with the victim's marriage-type and new travel schedule.

Nevertheless, on December 28, 2016, the Defendant deceiving the victim and received 1.7 million won from the victim to the new bank account (F) opened in the name of the Defendant on December 28, 2016, as shown in the separate crime list, by June 26, 2017, by deceiving the victim as shown in the separate crime list, and was given a total of KRW 11,65,000 from the victim seven times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of remittance of money from damage, and application of Acts and subordinate statutes of the new bank account details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution appears to be reasonable for the victim’s appraisal of damage for marriage and new marriage travel, and the fact that the defendant can have the same power, etc. are the same as that of the defendant, which led to the crime of this case due to the elements of sentencing or aggravation of financial standing, and the criminal intent by deception is not strong, and the crime is committed.