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(영문) 서울남부지방법원 2017.06.22 2017고정593

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 2, 2016, the Defendant was sentenced to imprisonment with prison labor at the Seoul Southern District Court for fraud and the judgment became final and conclusive on January 13, 2017.

In and around September 2012, the Defendant: (a) in the vicinity of D points in which the Victim C works in Gyeyang-gu, Youngyang-gu; (b) in the vicinity of D points in the Seocho-gu, Soyang-gu; (c) “The Defendant may live in 2/3 of the market price of the B,” and (d) the Defendant may request the Defendant to pay a large amount of money if the C is able to drive the Alley. The expenses will be settled when the purchase of the B is completed.

“A false representation was made.”

However, at the time of fact, the defendant received money from the injured party for the purchase cost, and planned to use money for personal purposes, such as living expenses, entertainment expenses, etc., and there was no specific revenue or property, so there was no intention or ability to repay the money even if it was given from the injured party.

Nevertheless, the Defendant received three times from September 11, 2012 to October 30, 2012, KRW 5,800,000 from around three occasions to the Agricultural Cooperative E-CF account in the name of the Defendant, and received KRW 14,730,100 from October 31, 2012 to June 26, 2013, and received KRW 14,730,300 from around 27, 2013 to around 39 times in total, and received KRW 4,80,00,00 from around March 27, 2013 to December 25, 2013 to the H account in the name of the Agricultural Cooperative under the name of the Defendant.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Details of passbook transactions;

1. Investigation report (report on the result of execution of a warrant of search and seizure), investigation report (report on execution of a warrant of search and seizure), investigation report (C telephone statement which is the complainant);

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, (A), investigation report (Attachment to the judgement of a case pending in the appellate court for the suspect, and details of proceedings of the judgment);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.