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(영문) 서울남부지방법원 2013.05.15 2013고단414
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 19, 2012, the Defendant was transferred KRW 10,00,00 to the Defendant’s bank account in the name of the Defendant on January 19, 2012, on the following grounds: (a) on the part of the Defendant’s vehicle in operation of the Nowon-gu Seoul Metropolitan Government Nowon-gu Nowon Noise and Vibration Control Center, the Defendant called, “It is not necessary to grant the Gu Administration’s monthly wage to its employees and send the China’s expenses; (b) so, if it is leased KRW 10,00,000,000 to KRW 10,000,000 from KRW 20,000 to KRW 30,00,000.”

However, although the Defendant had a claim for the amount of money equivalent to KRW 24.5 million against the business partner C, the Defendant did not have a guarantee of early recovery of the amount of money in arrears for more than one year. On the other hand, on the other hand, the Defendant did not have any other salable property but did not have the ability to repay the amount of money borrowed on the date the Defendant promised to pay for the amount of money borrowed.

Accordingly, the defendant was delivered KRW 10 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the prosecution's protocol of interrogation of the accused (including B's statement) statute

1. The reason for sentencing of Article 347(1) of the Criminal Code of the relevant statutory provision regarding criminal facts [the scope of recommending punishment] [the basic area among less than 100 million won by the fraud group, the term of imprisonment with prison labor for six months - one year and six months [Pronouncement Decision], the victim was significantly injured, and the victim did not have paid damages, etc. It is so decided as per Disposition on the grounds of above consideration.

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