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(영문) 서울남부지방법원 2013.11.19 2013고단2744
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 20, 2009, the Defendant made a false statement to the victim in the office of the victim C of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, stating that “If the purchase price of petroleum to be supplied to the scene is leased 20 million won, it would be repaid by the end of October 2009, which is six months after the six-month period.”

However, in fact, the defendant did not use money from the victim to purchase petroleum, but was planned to use money for gambling, and there was no intention or ability to repay money from the victim because there was no special property at the time.

The Defendant, by deceiving the victim as such, received KRW 19.5 million from the victim to the passbook in the name of the Defendant on the same day.

2. The Defendant made a false statement to the victim at the same place as the preceding paragraph of July 18, 2009, stating that “If the purchase price of petroleum is more than 10 million won, it shall be repaid without fail.”

However, the defendant was planned to use money as gambling funds by lending money from the victim as provided in the preceding paragraph.

The Defendant, by deceiving the victim as such, received 9.255 thousand won from the victim to the passbook in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on the loan certificate;

1. A sentence shall be imposed on the defendant when considering the following facts: (a) the reason for sentencing under Article 347(1) of the relevant Article of the Criminal Act regarding the crime of this case was about four years after the crime of this case; (b) the defendant did not make any effort to recover from damage.

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