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(영문) 서울동부지방법원 2016.09.20 2015고단1879
사기
Text

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

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

Reasons

Punishment of the crime

1. The Defendant against the victim C at around 17:00 on February 27, 2012, at the “E” page of the victim’s operation of the 105 floor of the D Building in Jung-gu Seoul, Seoul, the Defendant sold the precious metal received from the damaged party to only part of the borrowed money to the victim, and the remainder was planned to be used by himself/herself, and even if he/she received precious metal from the damaged party, he/she did not have the intent or ability to reduce the payment by selling it to others. However, the Defendant would have sold it to the victim by selling it to others even though he/she did not have any intention or ability to use it.

“A false representation was made.”

The defendant deceivings the victim as above and was delivered with precious metal equivalent to about 19 million won in total, such as the reflects, etc. in the same place from the damaged party.

2. On July 23, 2012, the Defendant against the victim F was at H coffee shop located in Jongno-gu Seoul Metropolitan Government on July 11:00, 2012, and the facts are as follows: (a) the Defendant was charged with the precious metal received from the injured party at low prices in pawnpo; and (b) only part of the borrowed money was given to the injured party and the remainder was planned to be used by the injured party; and (c) even if having received the precious metal as security from the injured party, the Defendant did not have the intent or ability to lend KRW 50 million to the injured party.

“A false representation was made.”

The defendant deceivings the victim as above and was delivered with precious metal equivalent to about 15 million won in total, such as gold earing, etc., from the damaged party on his job.

Summary of Evidence

Sub-paragraph 1 of the Judgment

1. Some statements made to the defendant in the protocol of interrogation of the police (No. 96 on the face of the defendant, No. 3);

1. Statement made to I by the police;

1. Facts under subparagraph 2 of the judgment No. 2 in which a complaint is filed or a custody certificate is issued;

1. Partial statement of the defendant (the 11th public trial date);

1. Statement made by the witness F in the sixth public trial records;

1. Protocols of examination of the witness to J;

1. Statement made to K in the police statement;

1. A detailed statement of transactions with the K head of the Tong (a copy).

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