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(영문) 서울동부지방법원 2021.01.11 2020고단2064
사기
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On January 11, 2019, the Defendant was sentenced to six months of imprisonment with prison labor at the Busan District Court for fraud, and the judgment was finalized on January 19, 2019. On April 1, 2020, the Defendant was sentenced to four months of imprisonment with prison labor at the Seoul East District Court for fraud, and the judgment was finalized on April 9, 2020.

On June 19, 2018, the Defendant made the victim B from the Ulsan-gu, Ulsan-gu, Seoul-do, that “A is called the family members of the Republic of Korea.” The Defendant has a hospital building and has a few houses.

A person who intends to receive money from C is bound by C's complaint.

Therefore, if C lends the boomed value, it gives two times the money that the head of the Tong lends to him.

“......”

However, in fact C was merely thought that the defendant received money from the person who was actually created by the defendant and was to use it for living expenses, repayment of debts, etc., and the defendant did not have any intention or ability to pay money to the victim due to excess of his/her obligation.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 151,00 to the injured party.

In addition, the Defendant mentioned C, D, and Professor in Ulsan-gu from June 19, 2018 to September 6, 2018, as indicated in the list of annexed crimes, the Defendant mentioned C, D, and Professor, who is a personal figure to the victim in Ulsan-gu, Ulsan-gu, Seoul-do, and “C was dead and succeeded to the property, and C’s creditors are obliged to pay their debts.

There is no money that the head of the Tong has succeeded to.

At the same time with C

D also filed a complaint.

He/she was accused of the money that he/she intends to help, and is investigated by the police.

The head of the Tong makes a false statement to the effect that the head of the Tong shall lend money to him/her, and he/she shall receive a total of KRW 213,296,00 from the injured party on 89 occasions and shall obtain the money from him/her.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. An investigation report (the details of Defendant E Bank transactions).

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