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(영문) 서울중앙지방법원 2014.09.29 2014고단5464
사기
Text

A defendant shall be punished by imprisonment for one year.

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

On July 201, the Defendant stated, “Around Seocho-gu Seoul Seocho-gu Seoul Seocho-gu, the victim B is able to look at the leased house because he is engaged in real estate leasing business. When the leased quantity is an object of the lease, the Defendant sent the down payment first, and then sent the down payment.”

However, in fact, the defendant did not have the intent and ability to seek the deposit money from the victim because he received the money from the victim and thought that it will be used for the repayment of personal debt.

Nevertheless, on August 8, 2011, the Defendant deceiving the victim as above and received 8 million won as a deposit deposit money from the victim’s deposit account in the name of C on August 8, 201, and by deceiving the victim by the same method from around that time to October 21 of the same year, and obtained a total of 14 million won, such as the list of crimes in attached Form 14 times.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Report on investigation ( telephone conversations with regard to account share in which money of a suspect has been remitted);

1. Application of Acts and subordinate statutes on details of transfers;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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 (including the circumstances, etc. described in the following reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommending punishment] General Fraud / Type 2 (at least KRW 100 million, less than KRW 500 million) mitigation area (from June 20 to June 2): In a case where, as a result of the combination of identical competitions, the type 1 increase in the number of stages (special mitigation) is not subject to punishment or considerable damage recovery [decision of sentence] in a case where the defendant, using pro ratas with the victim in the past, has taken money totaled of KRW 11,60,000,000,000,000 won, and in light of the economic situation of the victim, damage is very high, and the defendant was past.

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