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(영문) 서울중앙지방법원 2016.10.12 2016고정2151

사기

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 31, 2015, the Defendant was sentenced to two years of suspension of the execution on August 8, 2015 in Seoul Central District Court for occupational embezzlement, and the judgment became final and conclusive on April 8, 2015.

1. On November 2, 2008, the Defendant made a false statement to the victim E (37 years of age) at the “Dcafeteria” branch of the Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City 1st floor “(37 years of age). However, the Defendant would make a false statement to the victim E (37 years of age, and the Defendant would make a payment for a short amount of 3 million won on behalf of a short amount of money.

However, the defendant did not have the intention or ability to repay even if he borrowed money under the pretext of subrogation from the victim.

Nevertheless, on November 5, 2008, the Defendant, by deceiving the victim, acquired property benefits by making the victim deposit of KRW 2,952,327 into the new bank account in the name of the social bank E&P, from the victim and paying it by subrogation.

2. Around January 23, 2009, the Defendant deceptioned the victim E (the age of 37) at the same place as that of paragraph (1) that “I will lend KRW 2 million to the victim’s bank account in order to prevent the return of the card, etc.” and then acquired property profits by receiving KRW 2 million from the victim on February 1, 2009.

3. Around February 15, 2009, the Defendant, at the same place as that of paragraph (1) and in the same manner as that of paragraph (1), deceiving the victim E (the 37 years of age) that “I want to leave the family to the parent of the family and to operate the adult PC bank business. It is necessary to lend 5 million won, as the funds are required,” and then, he was transferred from the victim to the national bank account in the name of the Defendant and acquired property profits.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes for transfer certificate;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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