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(영문) 서울서부지방법원 2015.08.12 2014고단3321
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

Around August 2012, the Defendant called the victim C and made a false call to the victim C, “If the Plaintiff borrowed the down payment due to the lack of the heat and pipe removal recommendation installed in the OB beer in Ischeon-do, the Defendant would remove the pipe and purchase and sell the scrap metal and receive the payment.”

However, the defendant did not have the intent to pay the money to the victim because he voluntarily thought to use the money even if he received the money for scrap metal, and there was no particular property at the time.

On August 20, 2012, the Defendant, by deceiving the victim as such, received 20 million won from the victim through one bank account (D) in the name of the Defendant under the name of the victim for the loan loan and acquired it by defrauding it, and also received 95 million won in total from the victim four times from that time to July 3, 2013, as shown in the list of crimes in the attached Table from that time.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. The statement of each part of the police suspect examination protocol against the accused (including the C substitute part);

1. Statement of the police statement regarding C;

1. The details of transaction by account and investigation report (Evidence Nos. 18) stated the crime list Nos. 1 as stated in the crime, and the defendant mentioned the victim's remittance of KRW 20 million from the victim. However, the defendant borrowed KRW 5 million from the victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's fraud and defrauded's victim's victim's victim's victim's 3 and 4 did not have the victim's victim's criminal intent. It was sufficient that the defendant borrowed KRW 10 million from 60 million as stated in the crime's criminal facts.

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