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(영문) 서울중앙지방법원 2018.04.12 2018고정472
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 13, 2012, the Defendant sent a phone call to the victim B (the age of 82) and made a false statement to the victim B, stating, “I will pay 500,000 won if you want to use it, and if you do not have any money, I will lend it anywhere.”

However, the facts did not have the intention or ability to repay even if they borrowed money from the injured party.

The defendant received 3 million won from the damaged person to the post office passbook (C) in the name of the defendant, and acquired it by money.

2. Around May 18, 2017, the Defendant found a victim of the D Building 615 in Gangnam-gu Seoul Metropolitan Government, and leased KRW 150,000 prior to the loan of KRW 150,000,000,000.

A false statement stating that “A person shall complete the same amount as KRW 3 million, and shall receive KRW 150,000 in cash from the same page, and shall receive money again from the victim two hours after the fact that “A person shall complete the payment of KRW 200,000,000,000 to the above post office passbook in the name of the defendant,” and shall receive money from the victim to the above post office passbook in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Complaint;

1. Application of Acts and subordinate statutes to investigation reports (examination of whether data submitted by a suspect and fraud are constituted);

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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