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(영문) 서울중앙지방법원 2013.12.19 2013고단5097
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 25, 2011, the Defendant was sentenced to imprisonment with prison labor for ten months and four months at the Seoul Central District Court, and the said judgment became final and conclusive on March 29, 2012.

【Criminal Facts】

1. Around November 2, 2011, the Defendant of KRW 10 million concluded that, “If the Damond, who had been in Japan, was entrusted to the bond office, he would return the principal and profit to the 2 million won by finding out the Damond and disposing of it, if the Damond was leased KRW 10 million.”

However, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to pay the principal and the profits at one day after disposing of the Dmond.

The defendant acquired KRW 10 million from the victim to the Agricultural Cooperative Account (Account Number: C) in the name of the defendant on the 3th day of the same month.

2. On November 4, 2011, the Defendant, at the top point of “E” where it is impossible to know whether the Defendant was 25 million won or less in Gangnam-gu Seoul Metropolitan Government D, the Defendant shown 8 Damond to the victim B, and the Defendant, “If the Defendant is more than 25 million won, he/she would sell this Damond and make a profit by combining it with the borrowed money borrowed. It would lend three Domond to the Defendant as security.”

However, even if the Defendant borrowed money from the victim, the Defendant did not have any intention to deposit the Montreal as a security and did not have any intent or ability to pay the money as agreed.

The Defendant acquired 25 million won from the victim to the said Agricultural Cooperative Account under the name of the Defendant by transfer.

Summary of Evidence

1. Part of the defendant's legal statement [The defendant is fully recognized as belonging to the victim, such as the defendant's statement in the facts charged, and the criminal intent of defraudation of money is fully recognized]

1. Part B of the protocol concerning the examination of the suspect against the defendant;

1. Remittances;

1. Previous convictions in judgment: criminal records and references;

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