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(영문) 수원지방법원 안양지원 2015.06.04 2015고단391

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

At around 11:00 on November 19, 2010, the Defendant sought in the room of the victim D, who became aware of by chance in the Cda as of November 11, 2010, and, at the same time, the Defendant stated that “I will pay KRW 2,00,000 to the 22th day, if I want to lend it with the cost of accident management, as I want to pay it as KRW 1,00,000.”

However, the defendant did not work as the chief in Samsung Construction and did not have the intent or ability to repay even if he borrowed money from the victim.

The defendant received KRW 1 million from a new bank located in Dong-dong, Dong-dong, Dong-dong on the same day from the victim.

The time and place of the act of deception and the place of the act of disposal in this part of the facts charged without going through the amendment of indictment to the extent that it seems that there is no concern about actual disadvantage to the defendant

In addition, even if the Defendant borrowed money from that time until July 12, 2014, the Defendant received a total of 36.5 million won by deceiving victims over 21 occasions, such as the entry in the list of offenses (i.e., “E” as “D”, “F” as “G”, “H” as “I”, and “J” as “K”, respectively) without any intent or ability to repay.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement made to D, K, I, and G;

1. K's complaint (including a copy of each passbook attached thereto);

1. Request for cooperation in investigation (CCTV verification), investigation report (specific suspect), investigation report (verification of suspect's whereabouts and separate cases), investigation report (Attachment to the details of transactions) (including details of transactions in the bank account with Defendant New Bank);

1. Application of a copy of a bankbook (D) statute;

1. Relevant Article of the Criminal Act and Article 347(1) of the Criminal Act (with respect to G, I, and K, each victim shall be punished by imprisonment, with prison labor, with prison labor, with the exception of each victim);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;