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(영문) 서울중앙지방법원 2014.09.18 2014고단4391

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around May 20, 2012, the Defendant made a false statement to the effect that “Around that time, after phone called to the victim B who had returned to the police and passed the police administration examination, the Defendant would be admitted to the education center as if he/she were admitted to the education center, and that “the Defendant would be able to repay the debt and the debt. The Defendant would be able to receive a monthly payment from the police education center.”

However, in fact, the Defendant did not pass the police officer examination at the time, and did not have any special property such as fixed income, while the Defendant did not have an intent or ability to pay the loan properly even if he borrowed the loan because only the loan company's debts have been bad financial standing.

The Defendant received KRW 1.7 million in the name of the post office (C) in the name of the Defendant on the same day from the victim, and received KRW 49,345,753 in total from around that time to September 3, 2013 by the post office account, etc. used by the Defendant over 68 times in total, as shown in the list of crimes in the attached Table from around that time.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutor's office and police interrogation protocol of the accused (including B's statement);

1. Reporting on investigation (Submission of Materials for Suspect);

1. A criminal investigation report (Attachment of judgment on civil procedure to be submitted by a complainant);

1. A criminal investigation report (report attached to materials submitted at the time of suspect interrogation);

1. The application of Acts and subordinate statutes to an investigation report (report accompanied by materials submitted by a complainant);

1. Article 347(1) of the relevant legal provisions on criminal facts, the reason for sentencing of sentence of imprisonment [the scope of recommending sentence] six months to one year and six months (the basic area] [the decision of sentence] the relation between the defendant and the victim and the circumstances leading to the failure of the defendant, the economic situation and degree of damage of the victim, and the victim paid money in mind with the marriage of the defendant, and the defendant was living together with another woman.