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(영문) 서울중앙지방법원 2019.11.26 2019고정2112

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The defendant was a person who has been a singing-making business.

Defendant

1. On September 2, 2018, 2018, the victim B made a false statement to the victim B stating that “The monthly 2017 / 200 of the 2017-year old age is pushed down at the street, and it is necessary to conduct a fire-fighting inspection. It is necessary to use only for the specified purpose if it is lent 3.5 million won.” It shall be transferred 3.5 million won from the victim to the account designated by the Defendant (C and citizens A); and

2. On October 24, 2018, the victim made a false statement to the effect that “The price of goods in the year 2017 is sealed, and it is necessary to pay it. If only 2.5 million won is lent, it shall be used only for the specified purpose and shall be repaid in 50,000 won per month.” The victim received KRW 2.5 million from the victim in the same manner as in the preceding paragraph, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning B;

3. Application of Acts and subordinate statutes on a loan certificate;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

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

4. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant has no history of criminal punishment for the same crime, reflects his/her mistake, and that the victim does not want the punishment of the defendant by agreement with the victim, etc.);