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(영문) 서울북부지방법원 2015.02.13 2014고단3185
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment is suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 19, 2010, the Defendant made a false statement to the victim C that “I wish to set up KRW 2.2 billion on real estate among children, and if I want to lend the cost of establishing real estate because the cost of establishing the real estate is insufficient, I will be paid before the closing time of the bank in Gangdong-gu Seoul Metropolitan Government.”

However, even if the defendant borrowed money from the victim, he did not intend to use it as the cost of establishing real estate, and there was no intention or ability to repay it.

Nevertheless, the Defendant, by deceiving the victim as above and immediately from the above victim, remitted KRW 15 million to the national bank account in the name of the Defendant’s children to the bank account in the name of D, and on the same day, remitted KRW 5 million to the Defendant’s E bank account in the name of the Defendant E.

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

Summary of Evidence

1. Each legal statement of C, F and G;

1. A protocol concerning the examination of each police suspect against F and G;

1. Statement of each police statement related to C and H;

1. Application of Acts and subordinate statutes on details of transactions in receipts and passbooks;

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

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act on the grounds that the above victim does not want the punishment against the defendant by mutual consent with the victim, and the extent of deception and damage, etc. are higher than that of the above victim;

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