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(영문) 서울중앙지방법원 2014.07.17 2014고단347
사기
Text

A defendant shall be punished by imprisonment for six months.

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

1. On August 31, 2011, the Defendant said on August 31, 2011, “A” office located in Seocho-gu Seoul Metropolitan Government, that “B is working as the representative director of the E hotel, the present “F building” loaned KRW 20 million, one month, and one month, and the payment is to be made on October 15, 201.”

However, the defendant did not have any property, even if he borrowed money from the victim, he/she was able to pay his/her personal debt, and even if he/she borrowed money from the victim, he/she did not have any intention or ability to pay it within one month.

The Defendant received KRW 10 million from the victim, i.e., “G” legal account from “G” (CF) and KRW 19 million from the account in the name of “I” (CF) designated by the Defendant around September 16, 201.

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

2. On October 6, 2011, the Defendant made a false statement that “Around October 6, 2011, the Defendant would have a phone called to the victim D, with the loan of KRW 5 million, and KRW 5 million, if he/she borrowed KRW 19 million on August 201, 201, with the loan of KRW 19 million until October 15, 201.”

However, the defendant did not have any specific property and did not have any intention or ability to pay the money even if he borrowed money from the victim.

The Defendant received KRW 5 million from the victim, namely, from the victim, to the account in the name of “I” designated by the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes for investigation reports (the details of transactions in each account and the results of each credit information inquiry);

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;

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