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(영문) 서울중앙지방법원 2018.03.22 2017고단3750
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

The defendant is a person who has operated the flame of a wholesaler.

On February 2, 2015, the Defendant made a false statement to the effect that “D” in Gangnam-gu Seoul is “D” in Gangnam-gu Seoul, stating that “If the Defendant pays the biochemical price, he will deliver it without a mold and pay it without a mold for the birth that has been supplied.”

However, as the Defendant had failed in the previous business and failed to obtain a loan from the bank, it had been raised at a high rate of 200 million won in the commencement of the new business, and thus, even if it had received money from others at a higher rate in the payment of interest for each month, it did not have the intent or ability to supply the money by the agreed date or to pay the amount for the birth of the money received.

Nevertheless, the Defendant: (a) by deceiving the victim and received KRW 10,927,00 from the victim as the price for birth around February 24, 2015; (b) and (c) received KRW 42,256,00 from the Si to October 26, 2015, a total of five times in the name of advance payment for birth in a foreign country, such as attached Table 1 for the first period of crime from the Si to October 26, 2015; and (d) obtained KRW 42,256,00,00 from April 3, 2015 to May 4, 2016 from April 3, 2015 to KRW 13,817,324 in total as the price for birth in the Republic of Korea as shown in attached Table 2 for the second period of crime List 37,000 won in total; and (c) obtained it from March 7, 2015 to September 29, 2016.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the E statement part);

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to inquire into the details of outstanding amounts and transfer details;

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. Article 62 of the Criminal Act:

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