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(영문) 창원지방법원 진주지원 2017.09.26 2017고단274

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 16, 2016, the Defendant called the Defendant’s high school-friendly victim D from the dormitory located in the Priet Criju on November 16, 2016, and called the Defendant’s high school-friendly victim D, and the Defendant’s pressure was too serious.

If an enterprise bond product is purchased and maintained for only six months, it shall be terminated thereafter and the interest shall be returned together with the principal.

“The phrase was false.”

However, on September 26, 2016, the Defendant had a duty to pay approximately KRW 80 million without any particular revenue after the Defendant already retired from the police office in the Republic of Korea. Since the Defendant had thought to use the money in repayment expenses, Internet gambling expenses, etc. with money from the victim D, he/she did not have an intent or ability to pay the money even if he/she borrowed money from the victim.

Nevertheless, the Defendant received KRW 6,00,000 from the injured party to the Busan bank account in the name of the Defendant on the same day, and received KRW 26,50,000 from around that time to December 22, 2016, total sum of KRW 26,50,000 from the injured party E and her husband, as shown in the list of crimes in the attached Form from around December 22, 2016.

Accordingly, the defendant deceivings victims to take the property by deceiving them.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police statements made to E and F;

1. Written statements of D;

1. A statement of financial transactions and reply to inquiries into personal credit information;

1. The complaint (E), a statement of transaction, and a statement of Messenger’s dialogue;

1. The details of the accusation (F), a copy of the statement of gold transactions, data to detect the contents of text conversations, and the Kakao dialogue;

1. Application of Acts and subordinate statutes to a report on investigation (verification of police records in South Korea);

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes - Reasons for sentencing - Unfavorable circumstances: Unagreement (D and E) - Unfavorable circumstances: Unfavorable for punishment (F);