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(영문) 서울동부지방법원 2015.07.16 2013고단2679
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 The Defendant was sentenced to two years of imprisonment for a crime in the Sungwon District Court’s Sungnam Branch on October 11, 2007, and was sentenced to one year of imprisonment for a crime in the Suwon District Court on August 6, 2008, and was released from the Innju Prison on April 30, 201, and the remaining term of imprisonment was expired on October 5, 2010.

【Criminal Fact-finding on October 4, 201, the Defendant called the victim B by phoneing the victim B about a place where it is impossible to know the Seoul Special Metropolitan City or a lower place, and “C’s ebbbbbbs died during the operation of a fishery product wholesale company. However, even though there were a lot of real estate in the name of the mother and the mother’s name, the head of the Tong, which includes the amount of KRW 4.4 billion, is seized, and thus, the Defendant borrowed KRW 9.5 million from the back of the seizure.”

However, even if the above money was borrowed, it was thought that it was used for the above C or the defendant's living expenses or repayment of debt, etc., and there was no particular profit or property nor no intention or ability to repay the above borrowed money because C did not have any high account attached to C's interest.

As such, the Defendant, by deceiving the victim, received KRW 950,00 from the victim to the Agricultural Cooperative Account in the name of Doctrine, under the pretext of borrowing money from the victim.

In addition, the Defendant received a total of KRW 66,370,000 from October 4, 201 to November 4, 2012 from around 201, and acquired it by deceptioning a total of KRW 66,370,00 on 134 occasions, such as the list of crimes in attached Form.

Summary of Evidence

1. Statements of the accused in the second and fifth trial records;

1. Statements made by witnesses B in the fourth trial records;

1. Partial statement made by C of a witness in the fifth trial record;

1. Entry of each of the accused in the suspect examination protocol prepared by the prosecution against the accused;

1. Recording recording and reporting (No. 33 of the evidence list);

1. Written notes, a detailed statement of each transaction, each remittance chart, each duplicate of each passbook, and each non-deposit passbook;

1. Previouss before ruling: Criminal records and investigation reports A.

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