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(영문) 서울서부지방법원 2017.12.01 2017고단1754
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On August 16, 2015, at a place where it is difficult to identify the place of light on August 16, 2015, the Defendant is one of the students of the F university who wish to be an instructor in Korea and is related to the fruit race track.

Along with the foregoing third party, the said third party said that the right to operate the convenience store is to be granted, and the price necessary therefor is to be changed.

However, the defendant did not have the intent or ability to operate the auction place convenience store to the victim E, and was thought to use the money received from the victim for personal debt repayment and living expenses.

Nevertheless, on August 16, 2015, the defendant deceivings the victim as above and took over KRW 5 million from the victim's above-mentioned account in G name (H) on August 16, 2015, KRW 10 million from the account of the defendant's Nong Bank (I) in the name of the defendant on August 17, 2015, KRW 10 million from the new bank account (J) in the name of D on the same day, KRW 5 million from the above account in the name of G, and KRW 35 million from the above account in the name of G on August 19, 2015, respectively.

2. On December 9, 2015, the Defendant told the victim E to walk a telephone at a place where it is impossible to identify a place around December 9, 2015, that “ promptly changed 10 million won by the value of convenience stores as it is possible to move in the convenience store.”

However, the defendant did not have the intent or ability to move the victim to the convenience store, and the defendant was thought to use the victim's 10 million won for the repayment of personal debts and living expenses.

Nevertheless, the Defendant deceivings the victim as above and transferred 10 million won to the above account in the G name on the same day from the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Investigation report (verification of statements by complainants - Vice-President of the branch office south of marina society);

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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