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(영문) 서울남부지방법원 2016.10.26 2016고단1386
사기
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A defendant shall be punished by imprisonment for six months.

except that 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

【Criminal Power】 On December 18, 2014, the Defendant was sentenced to a suspended sentence of three years for a year, who was sentenced to imprisonment for a third-party brain acquisition at the Daejeon District Court, and the judgment became final and conclusive on December 27, 2014.

【Criminal Facts】 On August 2012, 2012, the Defendant made a false statement that “The Defendant, through the Victim B’s Republic of Korea, employed the Defendant as a driver to D who is a red environment-mination business entity, was employed as a driver, thereby making him/her find employment as a driver.”

However, even if the defendant received the funds from the victim, the defendant did not have the ability or intent to find employment with the above company, and was thought to use the funds as an individual name such as living expenses.

Around August 14, 2012, the Defendant, by deceiving the victim as such, obtained a cash of KRW 10 million from the victim through the above C with the name of the street funds.

On July 2012, 2012, the Defendant made a false statement to the effect that “The name of Hongsung-gun, Hongsung-gun, Hongsung-gun is unknown, the Defendant would be able to obtain a loan from the financial right. To obtain a loan, the Defendant would be able to obtain a loan from the financial right.” The Defendant made a false statement to the effect that “The Defendant would be able to obtain a loan from the financial right. To obtain a loan, the Defendant would be able to obtain a loan from the financial right.”

The Defendant received from the victim the amount of KRW 10 million on July 30, 2012, and KRW 10 million on August 29, 2012, through the above C, for a non-financial purpose.

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

Summary of Evidence

[2016 Highest 1386]

1. Partial statement of the defendant;

1. Each police statement with respect to B and C (2016 high-ranking 1876);

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A copy of the bankbook (before the date of sale);

1. As a result of inquiry, investigation reports (the current suspended period) are all the facts charged of this case.

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