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(영문) 의정부지방법원 고양지원 2017.11.02 2017고단2049
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around February 5, 2016, the Defendant: (a) signed three old accounts among the 21st unit of the Plaintiff’s phone number system that the victim C is the main owner; (b) received the fraternity money on three occasions; and (c) paid monthly payment of KRW 1,000,000 per old unit, and KRW 1,00,000 per old unit after receiving the fraternity money before receiving the fraternity money.

However, the defendant did not have any intention or ability to pay monthly installments of KRW 3,600,000 after he received fraternity money due to the lack of income or property at the time.

Nevertheless, on April 5, 2016, the Defendant had been delivered KRW 20,400,000 from the victim by deceiving the victim and by deceiving the victim.

2. Around February 10, 2016, the Defendant: (a) joined three old units among the 21st unit of map drawn by the victim C, the main owner of which was around February 10, 2016; and (b) on April 10, 2016, the Defendant decided to receive three fraternity payments and pay 350,000 won monthly payments per one unit after receiving the fraternity payments.

However, the defendant did not have any intention or ability to pay monthly installments of KRW 1,050,00 after he received fraternity money due to the lack of income or property at the time.

Nevertheless, the Defendant: (a) by deceiving the victim; and (b) received KRW 6,100,000 from the victim on April 10, 2016 on three occasions from the victim; and (c) received KRW 6,10,000 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement C in the police interrogation protocol concerning the accused;

1. C Police Statement Statement;

1. Receipt and receipt receipt, and receipt; and

1. A copy of the pocketbook;

1. Credit information:

1. A report on investigation (a guidance telephone call to the suspect);

1. Investigation report (to hear statements from a witness D phone and report thereon);

1. Investigation report (referring to report on guidance E, hearing statements by telephone, and report on the F);

1. Investigation report (to hear statements from the complainant C by telephone and report);

1. Application of Acts and subordinate statutes to a senior investigation report (report submitted by a senior criminal investigator);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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