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(영문) 서울중앙지방법원 2020.03.25 2018고단6177

사기

Text

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

Reasons

Punishment of the crime

1. Around May 2011, the defrauded made a false statement to the “D” operated by the victim C in Seoul, around May 2011, that “If the victim borrowed KRW 3 million to the representative business entity of the Dispute Resolution Co., Ltd., he/she would make an investment in the said E through the said E and make an amount of KRW 20 million up until the end of August 2011.”

However, the defendant did not have any relationship with the above E, and even if he received the money from the victim, he did not have any intention or ability to make an investment in E and make a full payment with the amount of KRW 20 million.

Nevertheless, the defendant deceivings the victim as above and acquired 2.2 million won from the victim.

2. On April 19, 2012, around April 19, 2012, the defrauded: “Around April 19, 2012, the Defendant phoneed the victim C, and entered into a contract with F to sell the said G apartment to the victim after rebuilding, saying, “F would be expected to proceed with reconstruction on the 30 square meters of Songpa-gu Seoul Metropolitan Government G apartment, with one another, and if the Defendant pays the down payment of KRW 20 million per 1,00,000,000,000 won per 30 square meters, the Defendant would pay the 30 square meters of the total apartment.”

However, in fact, the defendant and F did not have the intention or ability to sell the money to the victim by implementing reconstruction of G apartment, and the defendant tried to use the money for personal purposes, such as the repayment of his/her obligation, even if he/she received money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, obtained 30 million won in cash from the victim to the account under the name of the Defendant as contract deposit, and acquired 7.8 million won in cash and acquired 37.8 million won in total.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Investigation report (the complainant C's telephone statement hearing report);

1. Application of the Acts and subordinate statutes of the complaint, statement of performance, contract, loan certificate, and statement of transactions by account;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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