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(영문) 서울북부지방법원 2017.12.21 2017고단2923

사기

Text

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

Reasons

Punishment of the crime

[criminal records] On August 23, 2017, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for fraud at the Suwon Friwon, and the judgment became final and conclusive on August 31, 2017.

[2] The Defendant, even if there is no possibility to repay money from the victim C due to the lack of financial circumstances, was able to obtain money from the above victim.

1. On October 5, 2015, the Defendant was in need of KRW 30 million for the purpose of proving the balance of the head of the Tong only where the Defendant “a business operation is open to the said victim” on October 5, 2015.

A false statement stating that he/she will make a full payment on a deposit day, and that he/she received KRW 30 million from the victim with the account (Account Number:D) in the name of the defendant in the name of the defendant from the victim as a loan.

2. On October 28, 2015, the Defendant received KRW 5,500,00 from the victim’s new bank account (Account Number: E) in the name of the Defendant in the name of the Defendant from the victim, on October 28, 2015, by falsely stating that “The Defendant would be required to pay money, and the company operating within the country will be guaranteed with the bonds to be received from the customer.”

3. On November 2, 2015, the Defendant, on November 2, 2015, received KRW 10 million from the injured party to the second account under the name of borrowed money from November 2, 2015, on the following grounds: (a) the Defendant made a false statement to the said injured party in a manner as referred to in paragraph (2) at a lusium; and (b) the said victim received payment from

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

1. A copy of a loan certificate and a certificate of confirmation of transfer;

1. Previous convictions in judgment: Application of Acts and subordinate statutes which are remarkably true to this court;

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

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Articles 37 and 38 of the Aggravation of Concurrent Crimes are against the Defendant’s reason for sentencing of the instant crime when committing the instant crime.

However, in view of the contents and degree of deceptive act, and the amount of deceptive money, the criminal liability is not easy.