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(영문) 인천지방법원 2013.06.14 2013고단986
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 19, 2012, the Defendant made a false statement that “The principal and the profits will be paid after one month if he/she lent 5 million won of stock investment to the victim C at the port Dong-dong, Yongsan-gu, Busan-gu, Busan-gu, Seoul-si.”

However, although the defendant did not have any particular property and there was no intention or ability to repay it, he received five million won from the victim on the same day.

2. On May 12, 2012, the Defendant made a false statement to the victim, “If the office rent of KRW 10,000,000 is insufficient to start the internal house business, the Defendant would be repaid until June 30, 2012.”

However, the facts do not begin with the Defendant, and the above KRW 10 million was necessary for the repayment of the obligation to the victim. Despite the absence of the intent or ability to pay the amount to the victim, the Defendant received KRW 10 million from the victim around the 13th day of the same month.

3. On July 5, 2012, the Defendant made a false statement to the effect that “In order to cancel the provisional attachment by the head of the Tong-dong Tong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

However, the defendant's passbook was not provisionally seized, and the above eight million won was necessary for the repayment of debt, and there was no intention or ability to repay it to the victim, and it was delivered by the victim eight million won on the same day.

Accordingly, the defendant deceivings the victim more than three times in total and acquired a total of 23 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on deposit certificates;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act;

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