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(영문) 서울중앙지방법원 2018.01.11 2017고단2524
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 201, the Defendant, at the multi-level office located in Guro-gu Seoul Metropolitan Government in Guro-gu, tried to obtain money from the victim D (V, 66 years of age) who sells high-priced clothes, such as purchasing high-priced clothes, etc., to acquire money after delivery.

On June 20, 201, the Defendant, at the “F office” office where the injured party in Gwanak-gu, Seoul Special Metropolitan City was working, stated that “The victim may receive money from the injured party who has not paid the time limit, and may receive some of the money, and may pay 6 million won of the clothes by dividing the part of the money, and pay 6 million won of the money.” In addition, the Defendant’s false statement that “A soldier is able to pay 30 million won without any conditions during the month in which he/she guarantees.”

However, the defendant is in a situation that is economically difficult for him to demand the occurrence of the damage and that he will give a guarantee from G.

There is no fact that talks about the above, and even if you purchase clothes on credit, they did not have the intent or ability to pay the price, and even if they borrowed money from the injured party, they did not have the intention or ability to pay the price.

The Defendant received clothes, such as clothes, etc. equivalent to 6 million won at the market price, from the injured party.

In addition, the Defendant, around June 30, 201, displayed the power of attorney, certificate of seal impression, etc. that belonged to the said G to the victim, and was issued 24.8 million won to the bank account under the name of the Defendant as the loan money from the damaged party.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made to I by the police;

1. Application of the statutes governing filing of a complaint, letter of delegation, certificate of seal imprint, letter of complaint, copy of complaint, and family relation certificate;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment].

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