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(영문) 창원지방법원 2018.04.11 2018고단150

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 2016, the Defendant came to know of the Victim C through the Internet hosting “B,” and made a false statement that he/she was in office in a large enterprise, such as a new bank, modern automobile head office, Samsung Electronic, etc., and subsequently exchanged with the victim from around that time to November 2017.

On October 24, 2016, the Defendant has to pay the Defendant a loan to the victim, “The parent of his/her parents, who was given a loan to pay for the attorney-at-law fees, as he/she speaks in the lawsuit.”

If the loan is lent KRW 10 million, the loan interest will be paid as well as the principal will be paid immediately after the problem is resolved.

The phrase “ makes a false statement.”

However, the defendant was working at the logistics center without having worked for the above company at the time, and there was no fact that the defendant appointed a lawyer. In addition, the defendant did not have any intention or ability to repay the debt even if he borrowed money from the injured party because he had a debt equivalent to KRW 50 million at the time, and he was willing to repay the debt with money from the injured party.

Nevertheless, the Defendant received from the injured party the remittance of KRW 600,000,000 from the national bank account (number D) in the name of the Defendant on the same day as the borrowing money, and KRW 9.6 million on October 25, 2016, including KRW 9.6 million on October 27, 2017, from the time to November 27, 2017, a total of KRW 43,607,899 was remitted over 83 times, as shown in the list of crimes in the attached Table.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (to hear statements from a victim by telephone);

1. Financial transaction details (Korean banks, Nonghyups, and Nonghyups), financial transaction details (Korean banks), financial transaction details (agricultural banks), and financial transaction details (new banks);

1. Application of Acts and subordinate statutes on mobile radio operators' receipts, mobile radio operators' charges (LG, SKT, and KT), goods market agreement, and goods market agreement;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment (a comprehensive provision).