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(영문) 서울서부지방법원 2012.09.26 2011고단2198

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On November 26, 2008, the Defendant was sentenced to imprisonment with prison labor and two years and six months at the Seoul Central District Court for fraud, etc. and completed the execution of the sentence on June 8, 2010.

At around 16:30 on December 10, 2010, the Defendant called the victim C and called “on the front side of Jung-gu Seoul, Jung-gu, Seoul, to pay back immediately after 2-3 days, if the Defendant borrowed KRW 10 million from a bank to obtain a loan from KRW 10 million.”

However, the Defendant did not want to purchase goods equivalent to KRW 50 million, and the Defendant was urged to pay the outstanding amount from the customer and to pay the amount of the credit card used by a person living together with the customer, and the Defendant did not pay the amount after 2-3 days.

Nevertheless, the Defendant, by deceiving the victim as above, received 10 million won from the victim to the account of the Defendant’s community credit cooperatives in the same place, and acquired it by fraud.

Summary of Evidence

1. Each police suspect interrogation protocol against the accused (including the C’s statement);

1. Each police statement of C or D;

1. Investigation report (to listen to the Eline Statements of Witnesses);

1. Criminal records: Application of Acts and subordinate statutes concerning inquiry reports and the current status of personal identification and confinement;

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

1. Article 35 of the Criminal Act among repeated crimes;