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(영문) 서울남부지방법원 2014.07.03 2014고정1422

사기

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On August 15, 2011, the Defendant was issued 550,00 won as a security deposit from the victim D, who had been consulted with the entrance room at the 'C' public notice board that the Defendant had worked as a general secretary, and received 550,000 won from the victim as a security deposit.

However, the above Notification Board did not have any authority to receive money under the name of a security deposit because there was no provision on the security deposit for the defendant, and there was no idea to use money under the name of a security deposit for personal living expenses, and there was no idea to keep the money for the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. Around December 21, 2011, the Defendant received KRW 8,625,530,00 from the victim for the purpose of borrowing KRW 1,95,00,00 from the victim, from the public notice board of “C” to the victim who had been living in his/her place of life, and received KRW 1,95,00 from the victim for the purpose of borrowing money from the victim, from that time until June 12, 2012, as indicated in the list of crimes in the attached list of crimes.

However, at the time, the defendant thought that he would use the money borrowed from the victim as gambling money rather than living expenses, and there was no intention or ability to pay the money to the victim due to the absence of any other income or property, except for the amount of KRW 700,000 per month paid to the public official with the general duties of the public.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of data on details of transactions of passbooks which is the complainant);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 37 of the Criminal Code among concurrent crimes.