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(영문) 서울서부지방법원 2012.12.21 2012고단1305

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 85,905,223 won to an applicant for compensation.

The above order shall be.

Reasons

Punishment of the crime

On September 2006, the Defendant came to know of the victim C through Internet Kapet “D”, and tried to obtain money from the victim through the following methods: (a) he/she engages in his/her business in the Philippines; and (b) holding a large number of real estate properties, etc.; and (c) holding the money by fraud.

On December 31, 2006, the Defendant stated that “A victim shall be paid immediately if he/she stays in the Philippines while running a business, he/she shall not be able to do so, and if he/she lends money to the Republic of Korea to the Republic of Korea to the Republic of Korea.”

However, on 205, the Defendant had been working for the military supply company run by F, the Defendant, from around 2004, and around 2005, was unable to receive monthly payments because the supply contract was suspended due to the detention of the president of the business partner of the above company, and the Defendant did not have any intent or ability to pay the money even if he borrowed the money from the victim, such as there was no intention or ability to do so, for example, there was no business or departure from the Philippines.

As above, the Defendant, by deceiving the victim as above, received KRW 10,00,00 from the above date to October 2008 as the loan money from the victim, and acquired KRW 85,905,223 in total from the victim to the above 33 times from the above date to the above 10,00,00 as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

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

1. Application of Acts and subordinate statutes to each person's immigration status, such as complaint forms, name cards, liquidity details investigation meetings, details of transactions, account transaction inquiries, e-mail outputs, and personal immigration status;

1. Article 347 (1) of the Criminal Act applicable to the crime. Article 347 (1) of the same Act

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;