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(영문) 서울북부지방법원 2013.04.18 2012고단1937

사기

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On April 25, 2010, the Defendant heard that the consent of the Defendant, E, and F is necessary to receive the deceased’s death insurance money from the deceased’s family member living together with the deceased C, and that the consent of the deceased’s heir, E, and F was required to receive the deceased’s death insurance money.

Around July 28, 2010, the Defendant stated to the effect that the above consent is required, the Defendant stated to the effect that “I would like to show that I would like to give consent, but if I would give consent to I, I would like to pay 47 million won to I would like to show that I would like to give consent. I would return the money to I would return it.”

However, the Defendant did not have the ability to return the above amount due to financial difficulties at the time, and did not directly contact the money received from the victim and did not intend to obtain the consent of the punishment system, such as seeking consent only formally through the death penalty I.

Nevertheless, the Defendant, as above, by deceiving the victim, received 47 million won from the victim around July 29, 2010.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement of a witness H in the third protocol of the trial, and the statement of the witness I in the fourth protocol of the trial;

1. The protocol of prosecutorial statement concerning H;

1. Application of the Acts and subordinate statutes of the agreement;

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the defendant who is selected to imprisonment and his/her defense counsel

1. The defendant and his defense counsel did not know the victim as stated in the judgment of the defendant, and there was no intent to defraud money from the victim, and the victim merely received the consent and necessary documents of other punishment necessary for receiving the deceased death insurance money of the deceased C.