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(영문) 서울북부지방법원 2016.07.21 2016고단1233

사기

Text

1. The defendant shall be punished by imprisonment with prison labor for a year and two months;

2. The defendant will pay 64,565,570 won to the applicant for compensation.

Reasons

Punishment of the crime

피고인은 10세 자녀를 둔 이혼남으로 ‘D’ 이라는 가명을 사용하며 이혼한 사실을 숨기고 피해자 C와 사귈 것처럼 접근한 후, 인수 합병 전문 회사의 부장이 아니면서 피해자에게 회사 경비 사용 등의 명목으로 돈을 요구하였다.

On November 28, 2014, the Defendant called the victim C at an unsound place and lost the corporate card.

If a company law team loans KRW 500,000 to a new bank E) account of an attorney-at-law after the company law team, it will be repaid later.

“Falsely speaking,” and it received 500,000 won from the injured party through the account in the name of the accused under the pretext of the borrowed money.

From that time until January 12, 2016, the Defendant made a false statement to the victim 143 times in total, as shown in the list of crimes in the attached Form, and the Defendant obtained a total of 64,565,570 won from the damaged person and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by C in the protocol of interrogation of the police officer against the accused (two times, replacement of the accused);

1. Details of transactions in each account, details of sales of cards, receipt of mobile phone charges, and receipt of deposits;

1. Application of the video-related Acts and subordinate statutes to photographs by cutting down the Kakao Stockholm conversation content;

1. Article 347 (1) of the Criminal Act comprehensively with respect to the facts constituting an offense;

1. Article 25 (1) 1, Article 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. The grounds for sentencing under Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Sentence of Provisional Execution: The fraud crime in general;

1. Written recommendations of less than KRW 100 million: Six months - sentencing factors in one year and six months - previous convictions (written inquiries about criminal history and written judgments) that do not constitute repeated offenses (general aggravated factors);