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(영문) 서울중앙지방법원 2020.02.19 2018고단2475

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On February 5, 2014, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Western District Court on one year and three months, and the judgment became final and conclusive on October 2, 2014. ② On December 18, 2015, the Seoul Central District Court sentenced a suspended sentence of two years for a one-year term of imprisonment for fraud at the Seoul Central District Court, and became final and conclusive on December 29, 2015.

2. The Defendant was placed in custody of the case (the case in which 100 million won is stolen from the victim B) under the above paragraph (2) and was placed in the victim D through C, which is an offender, while making efforts to prepare the agreed amount.

On December 1, 2015, the Defendant made a false statement to the effect that, through E, the Defendant was confined to a prison, and there is money to the Defendant, via the instant coffee shop located in the Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, the Defendant would have lent KRW 100 million to the Defendant. her mother would have borrowed KRW 60 million. her mother is running a cosmetic business and the money to be received exceeds KRW 1 billion, thereby giving money to the Defendant in prison.”

However, the defendant did not have any intention or ability to repay money even if he borrowed money from the victim because he did not have any property or income especially owned by the defendant.

Around December 15, 2015, the Defendant, by deceiving the victim and deceiving the victim, obtained a notary public located in Dong-gu, Chungcheongnam-gu, Dong-gu, Seoul through E from the law firm H in order to obtain KRW 60 million from the said notary public.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement made to D or C;

1. The complaint, notarial deed, letter of undertaking, final undertaking, investigation report (Submission of the statement of reference C, the suspect and Kakakakao Stockholm dialogue), Kakao Stockholm dialogue, investigation report ( telephone conversations with the reference witness I), credit information, investigation report (verification of suspect's credit information), judgment against the suspect A and written decision of non-prosecution shall be attached.