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(영문) 서울북부지방법원 2015.02.13 2014고단3396

사기

Text

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

Reasons

Punishment of the crime

From June 28, 2012 to January 28, 2014, the Defendant decided to operate the Ka Center with the trade name “F” from the Sinyang-dong, Yongsan-gu, Seoul Special Metropolitan City.

The defendant, after claiming the victim to pay the equipment cost necessary for the operation of the Ka Center, has received the victim's money by receiving all or part of the money from the customer.

On April 12, 2012, the Defendant, despite the absence of an intention to purchase the diagnosis machine from G, fraudulently told the victim that “it is necessary to purchase the diagnosis machine,” and around that time, the Defendant acquired the victim a total of KRW 184,484,00 (the actual benefit amount of the Defendant is KRW 128,784,000) by deceiving the victim to deposit KRW 30 million with the said G account in the name of the said G and by taking the amount equivalent to the said amount into account, as shown in the list of crimes in the attached Table, up to five times until July 10, 2012, as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Protocol of the prosecutorial statement concerning G;

1. Application of Acts and subordinate statutes concerning D police statements;

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

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;