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(영문) 서울중앙지방법원 2014.04.24 2014고단385
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around October 4, 2010, the criminal defendant against the victim C told the victim C to the effect that "if the victim has lent money because he/she had sold the E Station and South Seodaemun shop, he/she would supply E Station printed materials and printed materials on the sale in South Seodaemun shop. Since there has been a large amount of profit by the sale in commercial buildings, he/she would use them for one to two weeks if he/she lent 30 million won and would make repayment immediately."

However, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to allow the victim to supply printed matters related to the above commercial buildings, etc.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim a transfer of KRW 30 million from October 1 of the same year to the victim.

2. Around May 19, 2011, the Defendant against the victim F told the victim F to the effect that “In the office located in Seocho-gu Seoul Metropolitan Government Gtel, in Seoul, the victim F is operating a mobile phone sales store in Seoul H, and funeral services are well-being. An investment in the business of KRW 6 million shall be repaid without a mold within 10% of the profit.”

However, in fact, the Defendant did not have any intent or ability to repay money in time even if he borrowed money from the victim because the business of the mobile phone agency was poor and the Defendant thought to use the money borrowed from the victim as living expenses, etc.

Nevertheless, the defendant, by deceiving him as above, received 3 million won on the same day from the victim, and the same year.

5. Around 23.20, the Defendant received a remittance of 3 million won to the deposit account in the name of the I designated by the Defendant and acquired the total amount of 6 million won.

Summary of Evidence

1. Partial statement of the witness J;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. A protocol concerning the suspect examination of some of the accused;

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

1. The statement of remittance transactions (No. 4 No. 5 of the evidence list) and the period of receipt;

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