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(영문) 서울남부지방법원 2017.10.27 2017고단3031

사기

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal record] On December 3, 2012, the Defendant was sentenced to three years to imprisonment with prison labor for robbery, etc. in the Cheongju District Court’s Assistance, and the judgment became final and conclusive on April 25, 2013, and was released from the Incheon Open Prison on June 30, 2015 during the execution of the sentence, and the parole period expired on December 2, 2015.

[Criminal facts] The Defendant, at a coffee shop, where it is difficult to know the trade name in the Gu Wondong of the member of Ansan-si around September 3, 2015, sent to the victim B with a well-known knowledge of the person who was a reporter of the C press and who was engaged in stock operations.

If a good stock information has been made and an investment is made, two times the profit may be made within one month.

may pay for any non-conditional money.

The phrase “ makes a false statement.”

However, the defendant was aware of the fact that there was no person in charge of stock operations, and there was no special stock information, and even if he received money from the injured party, there was no intention or ability to make profits from the two times in the month, and because there was no particular job or property, it was difficult for the injured party to live a life due to the lack of any particular job or property, it was thought that he received money from the injured party to use it as living expenses, etc.

Nevertheless, the Defendant: (a) by deceiving the victim as above and by deceiving it from the victim; (b) received each transfer of KRW 47 million under the same name in the name of the head of Tong (Account Number E) in the name of Korea bank from September 3, 2015; and (c) KRW 20 million in the name of the head of Tong (Account Number: G) in the name of F around September 4, 2015.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. - Account transactions.

1. Application of Acts and subordinate statutes to the protocol concerning the interrogation of suspects of the police (five times, referring to the suspect);

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act on the grounds of sentencing as to the crime committed during the period of parole, damage amount, background of the crime, method and means of the crime, record of the crime, and crime.