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(영문) 서울남부지방법원 2021.02.09 2019고단5545

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant pays 47,00,000 won to the applicant through fraud.

Reasons

Punishment of the crime

1. On January 20, 2019, the Defendant, as a business fund, made a false statement to the victim B at a mutual influence house near the Gangnam-gu Seoul Metropolitan City C Hotel, stating that “The Defendant would lend only KRW 40 million to the victim B, who is written only one month and paid back.”

However, even if the Defendant borrowed the above money from the damaged party, the Defendant was thought to use it for gambling on the Internet, and there was no other property, and even if he borrowed the money from the damaged party, there was no intention or ability to repay it.

The Defendant received from the injured party the remittance of KRW 36 million on January 23, 2019, and KRW 1 million on February 14, 2019, from each remittance of KRW 1,000,000 from the E Bank Account (F) in the name of D.

2. On February 15, 2019, the Defendant, in the name of the cost of accident in the victim B’s house located in Gangnam-gu Seoul Gangnam-gu Seoul on February 15, 2019, was urgently required to pay KRW 10 million to the victim due to his or her concern about the occurrence of his or her death, and subsequently remitted money to the victim at the time.

The mother will transfer to the bank account in the name of the E bank account in a more summary of liquor tax.

It will be repaid in the last time.

“A false representation was made.”

However, even if the Defendant borrowed the above money from the damaged party, the Defendant was thought to use it for gambling on the Internet, and there was no other property, and even if he borrowed the money from the damaged party, there was no intention or ability to repay it.

The defendant received 10 million won from the injured party to the above E bank account on the same day, and acquired it by fraud.

Summary of Evidence

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. Statement made by the police against B;

1. A statement of fact confirmation and performance;

1. A detailed statement of financial account transactions (amount of remittance of damage), a detailed statement of financial account transactions (E BankF), and application of Acts and subordinate statutes to inquiries about suspect credit information;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act for the selection of punishment for the crime ( comprehensively including, but not limited to, punishment for each type of deception);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;