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(영문) 서울서부지방법원 2016.06.24 2015고단1642

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2, 2009, the Defendant would pay 2.5% interest and investment profits of 2.5% per month by investing in an auction if he/she lends money to the victim E, who is an employee of the same company, at the D office (ju) office where the Defendant is working for the same company at the Sungsung-si Office on November 2, 2009.

A false statement was made.

The fact is that there is a debt incurred while engaging in the similar receipt and multi-stage sales business without any particular property at the time, and there is no real estate auction date, and the money borrowed from the injured party does not think that it will be used for the auction, and there was no intention or ability to repay the money to the injured party in the think that it will be used for the Internet gambling and repayment of the debt.

The Defendant, as such, by deceiving the victim as such, obtained on December 1, 2009, KRW 500,000 from the victim, KRW 1 million on December 22, 12, KRW 23,500,000 on December 23, 129, KRW 3.8 million on January 15, 2010, KRW 500,000 on January 16, 2010, KRW 500,000 on January 16, 2010, KRW 170,000 on February 12, 2010, KRW 90,000 on February 15, 2010, KRW 110,000 on February 5, 2010, KRW 57,000 on March 17, 2010, KRW 3,707,00 on the deposit account of a national bank (hereinafter referred to as “the national bank”).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of transactions by entry and withdrawal, details of transactions by account, details of transactions by enterprise banks, details of passbook transactions, details of transactions, details of transactions, investigation reports (detailed details of entry and withdrawal);

1. A letter of confirmation, a certificate of borrowing, and a certificate of debt repayment contract;

1. Application of investigation report [Attachment of Criminal Suspect and OK Doll (Boll gift certificates) judgment] copy of judgment, investigation report (a copy of clocks and H summary order) and copy of summary order law;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] general fraud.