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(영문) 서울중앙지방법원 2015.08.13 2015고단2337
사기
Text

Defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

Punishment of the crime

On July 6, 2011, the Defendant was sentenced to six months of imprisonment for special larceny at the Daejeon District Court on January 4, 201, and the execution of the sentence was terminated on January 4, 2012. On October 1, 2013, the Defendant was sentenced to two months of imprisonment for fraud at the main branch of the Chuncheon District Court on October 9, 2013, and the said judgment became final and conclusive on October 9, 2013.

On March 10, 2013, the Defendant, who was confined together at the Seoul detention center located in Seoul, the Seoul detention center of Seoul, stated that “The Defendant loaned the frat money in the Section B to prevent sather, who operates sather teacher from entering the prison in Gangnam, from entering the prison. In so doing, the Defendant purchased so so, if he/she purchased soup, he/she would incur revenue of KRW 250,000,000,000,000,000 won, adding interest to the principal after being discharged, to the principal.”

However, in fact, the defendant was deprived of his 197, and did not operate soup to the Yangyang in Gangwon-do, and even if he borrowed money to the victim, he did not have the intention or ability to pay the principal and interest, such as the promise after one year.

On April 10, 2013, the Defendant, by deceiving the victim as such, received 150 million won from the victim to the post office account in the name of Dong-in D, and acquired it by defrauded.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each prosecutor's interrogation protocol on the accused and E;

1. Each prosecutor's statement concerning C and F;

1. An investigation report (limited to attachment of the details of deposits and withdrawals of the D post offices account, reporting on the summary of the F currency, attaching a sales contract of the house in Chungcheongnam-Naman, and using the defrauded money);

1. Criminal records: Criminal records, investigation reports (the attachment of attached records to the same criminal records, the confirmation of the date of release from the court), personal identification and confinement status of the accused and the defense counsel at the time of the crime of this case that they did not have the criminal intent by deception.

However, the defendant before and after the crime is committed according to the above evidence.

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