(영문) 서울남부지방법원 2015.11.10 2014고단5110

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자간(%)

(영문) 서울남부지방법원 2015.11.10 2014고단5110

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2014 Highest 5110] On December 15, 2013, the Defendant made a false statement to the effect that the Jung-gu Seoul Special Metropolitan City C-15 Victim D’s “E” on bail, with the knowledge that the Defendant would sell the Damond in possession of ordinary victims, the Defendant would sell it upon receiving KRW 55 million.

In fact, however, the defendant did not have an intention or ability to pay the price after selling the Damond, which he received from the victim, and he thought to have or sell it, and he did not have an intention or ability to pay it.

As such, the Defendant, by deceiving the victim, received 50 million won or more from the victim and acquired 50 million won or more from the victim on the same day.

[2015 Highest 2394] On October 22, 2014, the Defendant made a false statement to the effect that “H” was the precious metal wholesaler for the operation of the Victim G in Jongno-gu Seoul Metropolitan Government, and that “A child is the precious metal store, but I would like to make a consignment sale on the face of Jinju, which is called Jinju.

However, even if the defendant was delivered with the interest from the victim, he thought that he will transfer it to another person for his obligation, and he did not have the intention or ability to pay the price after selling the interest.

As such, the Defendant, by deceiving the victim, obtained precious metal worth KRW 14,900,00 from the victim in total, such as the Jinjum on the same day, and obtained the precious metal worth KRW 236,00.

Summary of Evidence

[2014 Highest 5110]

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol of examination of partial suspect against the accused by the prosecution (including D statements);

1. Statement made to D by the police;

1. A complaint, certificate of results of deposit transactions, investigation report (report on the failure to attend the International Institute for Witnesses);

1. Partial statement of the defendant;

1. A part of the prosecution against the defendant.

유사 판례

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