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(영문) 서울남부지방법원 2013.10.30 2013고단2437

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around April 17, 2012, the Defendant stated that “The Victim D’s “EC” in the Gu-U.S.A.C. operation was false, stating that “The Victim was paid a full payment of five million won in advance, while doing an act on the face of five million won in advance.”

However, even if the defendant receives the advance payment from the victim, he did not think or intend to do so at the victim's multiple times.

The Defendant, as such, by deceiving the victim, received five million won as a prepaid payment from the victim.

2. Around April 24, 2012, the Defendant made a false statement to the victim stating that “I will lend clothes of 500,000 won to the victim while doing work.”

However, even if the defendant borrows money from the victim, the defendant did not think or intend to work in the victim's multilateral bank.

The Defendant, as such, by deceiving the victim, received KRW 500,00 from the victim as the borrowed money.

3. Around April 25, 2012, the Defendant made a false statement to the victim that “I would complete payment while lending KRW 200,000,000 to the victim, because I would not have any difference to do so.”

However, even if the defendant borrows money from the victim, the defendant did not think or intend to work in the victim's multilateral bank.

The Defendant, as such, by deceiving the victim, received KRW 200,00 from the victim as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Articles 347(1) and 347(1) of the Criminal Act concerning the facts constituting a crime (the following factors shall be taken into account);

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

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act in the detention of a workhouse has a history of having been punished several times for the same offense. In particular, on July 15, 201, the Changwon District Court sentenced the defendant to one year of imprisonment for a crime of fraud at the Changwon District Court, and completed the execution of the sentence in the Changwon Prison on October 22, 201.