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(영문) 서울북부지방법원 2013.03.07 2012고단2705

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around January 9, 2006, the Defendant stated that “Around January 9, 2006, the Defendant leased a commercial building in order to perform clothes funeral in the Dongdaemun Studio commercial building,” to the victim D, “I will pay the money without molding it within 100 days if the down payment is short of money.”

However, at the time, the defendant did not think that he would rent a commercial building in order to sell clothes, and there was no particular income or property, and there was no intention or ability to repay the money to the victim by the agreed date.

The Defendant, by deceiving the victim as such, received money KRW 2,600,000 from the account under the name of E, as the subject of the victim’s deception.

In addition, from around that time to May 9, 2006, the Defendant acquired 41,920,000 won in total over 13 times through the victim test in the same manner as the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The elements for mitigation of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are aggravated concurrent crimes, have no record of punishment. It is used as living expenses. There is only one dependent on family members (16 years of age). By the end of 2011, the victim shall be paid approximately KRW 12,40,000 to the victim. In addition, the victim has carried on insurance business, and the defendant, as a customer, uses personal trust of the victim.