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(영문) 서울중앙지방법원 2016.04.01 2016고단707
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant committed a criminal act as if he/she introduced points that would be able to perform funeral services by approaching a person whose name is unknown (hereinafter referred to as "one person") and another person's occupation around, and conspired to divide money by acquiring money under the name of such expenses, etc.

1. Around January 12, 2009, the Defendant committed the crime against the victim D made a false statement to the victim D, who operated the street store on the front day of the F department store located in Seocho-gu Seoul Metropolitan Government, Seoul, to the effect that “I will live in G apartment, who is a class 4 public official of class 1,40,000 won, and 80,000,000 won of poppy value, who is going to the court, will move in to the seat of the H department located in the Gangnam-gu, Gangnam-gu, Seoul.” Around January 16, 2009, the victim deposited 870,000 won in the Industrial Bank account (I) of the Industrial Bank of Korea under the name of the Defendant

The fact was that the defendant did not live in G apartment, was not a court official, and there was no intention or ability to allow the victim to move in the H shopping mall.

Accordingly, the defendant got 870,000 won from the victim and acquired it by fraud.

2. Around February 18, 2009, the Defendant committed the crime against the victim J made a false statement to the victim J, who had been operating a street store in the vicinity of the Seocho-gu Seoul apartment near the Seocho-gu Seoul apartment, to the effect that “The victim J, who was well aware of the owner of the building on the exit area No. 6 of the subway 2, will be able to carry out funeral services without having to know about it, and 1.80,000 won will be deposited into the Bank account in the name of the Defendant on the day.” The victim deposited 1.188,000 won into the Bank account in the name of the Defendant.

In this fact, the defendant did not have the intention or ability to allow the injured person to act as a funeral in the above building.

Accordingly, the defendant, by deceiving the victim, obtained 1180,000 won and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of laws and regulations on police statements made to D and J

1. Relevant Articles of the Act concerning the facts constituting the crime;

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