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(영문) 의정부지방법원 고양지원 2015.05.07 2015고단527

사기

Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Criminal facts

[criminal power] On December 5, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of fraud, etc. and appealed on December 10, 2014. However, on March 24, 2015, the judgment dismissing the appeal was handed down on April 1, 2015.

【Criminal Facts】

1. On September 7, 2014 and September 9, 2014, the criminal defendant against the victim C made a false statement to the victim C, who is the head of the above company, "if he/she lends money that requires money, he/she will receive money from the company."

However, even if the defendant borrowed money from the victim in excess of his/her obligation, he/she did not have the intent or ability to repay the borrowed money.

The Defendant, on September 7, 2014, remitted the total sum of KRW 100,00,000 to KRW 150,000 from the victim and KRW 2,50,00 from September 9, 2014.

2. On October 17, 2014, the criminal defendant against the victim F made a false statement to the victim F by phone calls from the victim F while he/she was working for a part-time at H located in Gyeyang-gu G in Goyang-gu, Seoyang-gu, Seoyang-gu, G, stating that “If he/she view the same part-time and interview, he/she is in need of an interview, and if he/she temporarily lends a part-time bank, he/she is in need of an interview, he/she may temporarily lend it.”

However, the defendant was thought to borrow money after entrusting the above bank to the pawned Hall.

The defendant was obtained from the victim and acquired by deceptions equivalent to the market price of 2 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and F;

1. A report on investigation (attached materials proving payments);

1. Transfer certificate;

1. An application for sale;

1. A written confirmation of purchase of goods;

1. Previous convictions in judgment: Application of statutes to the defendant's legal statement and investigation report (verification of judgment in the same appellate trial);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Grounds for sentencing under the former part of Article 37 and Article 38(1)2 of the Criminal Act among concurrent crimes.