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(영문) 서울중앙지방법원 2016.09.20 2016고단2715

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who works as the head of a branch office of the Bank of Korea, and is a person who has two children by marriage with public prosecution and D on August 19, 2004.

Around December 2014, the Defendant, without notifying the fact that he/she is his/her spouse, joined F, a meeting of unmarried men and women without the beginning of E, using his/her mobile phone, other than the public prosecution where he/she returned without notifying that he/she is his/her spouse.

On November 14, 2015, the Defendant did not notify the fact that he/she is a person who is his/her spouse, and without having given the fact that he/she was the president of the F gathering, the president of the public prosecution, and the president of G at the time of introduction of the public prosecution, he/she met the victim H who was about to talk with men at the time of marriage, and found the victim

At the same time, it was said that the victim would be able to repay the debt that had existed before maturity with the victim.

However, the defendant did not have the intent to marry with the victim, and not only paid the interest amounting to KRW 280,000,000, such as bonds, but also was urged by the bond company, etc., and there was no special property and there was no intention or ability to repay even if the defendant received money from others due to the aggravation of management status of the company operated by the defendant at the time.

Nevertheless, around December 17, 2015, at around 11:00 on December 17, 2015, Defendant: (a) received KRW 50 million from the injured party who is believed to be married to the Defendant by deceiving the victim as above; and (b) received KRW 148,00,000 from the Si to February 17, 2016, a total of four times as indicated in the list of crimes in the attached Form, including the receipt of KRW 50,000,000 as a gold for debt repayment in the K coffee shop located in Seocho-gu Seoul Metropolitan Government, Seocho-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. Application of a copy of the passbook, the detailed statement of issuance in his/her front check, family relation certificate, marriage-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.