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(영문) 서울중앙지방법원 2018.10.17 2018고단5132
사기등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 10, 2017, around 23:00, the Defendant said that “If the Defendant borrowed KRW 7.50,000 won for the repair cost of the broken-out computer, he/she would repay to the victim on September 25, 2017,” the Defendant stated that “on September 25, 2017, the monthly salary would be paid to the victim” in the Dongjak-gu Seoul building

However, the defendant did not intend to pay the borrowed money from the injured party.

As such, the Defendant, by deceiving the victim, received 750,00 won from the victim, to the E bank account in the name of the Defendant, as the borrowed money.

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

2. On September 11, 2017, the Defendant: (a) took advantage of the gapss in which surveillance of the victim was neglected in the victim’s dwelling located in B, such as the statements in the preceding B, and (b) took 8,49,000 won at the market price, which is the victim’s possession on his/her book, into the Defendant’s bank; and (c) stolen it.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecutor with respect to B;

1. Statement made to F;

1. Investigation reports (investigation into the other party to Nowon-North Korea, which is damaged articles);

1. Inquiries into the content of each G dialogue and details of transactions;

1. Application of Acts and subordinate statutes on Nowon-North Korean photographs;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant has not made any effort to recover damage.

The victim wanted to punish the defendant.

The defendant is the first offender.

The amount of damage is not more than KRW 1.5 million.

In addition, the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, career, family environment, relationship with the victim, motive, means and result of the crime, and the circumstances after the crime.

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