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(영문) 서울중앙지방법원 2016.09.28 2016고단3257

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On May 10, 2015, when the Defendant lost all money in the E hotel casino room in Hong Congo on May 10, 2015, the Defendant displayed a smartphone Internet banking error screen to the victim D, accompanied by the Defendant, and instead, sent the casino amount of KRW 25 million to the exhibition account, as the Internet banking room, if the Defendant remitted the amount of KRW 25 million to the exhibition account.

It shall be sent at latest to the morning at latest.

“The phrase “ was false.”

However, the defendant did not have the intent or ability to repay the money even if the victim remitted money on behalf of the victim.

As can be seen, the Defendant: (a) made the victim make a false statement to the victim; and (b) caused the victim to transfer the said casino amount of KRW 25 million to an account in the name of “F” in wartime; (c) and (d) KRW 50 million to the account in the name of “G” in wartime; and (d) obtained pecuniary benefits equivalent to KRW 100 million from the display of the casino from the casino to the said casino.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. A protocol concerning the examination of the accused by the prosecution (including D/D statements);

1. Statement made by the police against D;

1. A complaint;

1. A deposit transaction statement [the defendant has different detailed circumstances at the time of borrowing the instant gambling money, and had intent and ability to repay the money at the time of next borrowing.]

However, in light of the above statements and the circumstances after borrowing and returning to Korea, even though the defendant had the ability to repay, if the defendant did not have the intent to repay, he/she would immediately borrow money from the injured party by fraud, once he/she borrowed money from the injured party by fraud, and then he/she would lose his/her money in full.