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(영문) 서울남부지방법원 2013.10.22 2013고단3000
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 13, 2013, the Defendant appealed from the Seoul Southern District Court after being sentenced to imprisonment with prison labor for a crime of fraud in one year and six months, and is currently pending in the trial.

On October 2012, the Defendant made a false statement to the victim M in the E Hospital located in Gangseo-gu Seoul Metropolitan Government, stating that “The Defendant would make an investment within two weeks if he/she made an investment because he/she would be punished by a penalty of KRW 100,000,000 after the second week, because he/she would be punished by a penalty of KRW 100,000,000.”

However, in fact, the defendant purchased foreign currency and had no knowledge about the method of obtaining profit by selling, and there was no intention or ability to pay the principal and the profit even if he received investment money from the victim because the defendant had to pay the debt due to a large amount of debt.

On October 12, 2012, the Defendant received three million won from the victim to the national bank account (Account Number N) in the name of the Defendant under the name of the Defendant.

The Defendant received a total of KRW 19,50,000 from the victim to November 14, 2012 by the same method four times in total, as shown in the list of crimes in the attached Table, from the victim to the above national bank account in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of M;

1. Application of the detailed statement of each account deposit, passbook deposit certificate, and account transaction details Acts and subordinate statutes;

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

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