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(영문) 서울중앙지방법원 2016.04.28 2016고단952
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 3, 2009, the defendant is urgently required to reach an agreement by telephone to the victim B, who is a branch in Seoul, around February 3, 2009.

B. There is a revenue of at least KRW 10 million every month while she works as the top-class store operated by Tri-do, and thus, it is possible to repay money to the first-class market.

“Falsely speaking,” and it received KRW 2 million from the damaged person to the bank account in the name of the Defendant’s use as the borrowed money on the same day.

In fact, the Defendant did not need to reach an agreement with his father as a assault case of female-friendly father, but did not have any particular property around that time, and worked at a store operated by the Defendant, and received wages of KRW 240,000 per month. However, even if he borrowed money from the injured party, there was no intention or ability to pay such money as the Defendant used or promised to use it as a gold for the assault case of female-friendly father’s father.

Ultimately, the Defendant, including by deceiving the victim as above and receiving KRW 2 million from the injured party, was provided by the victim. From around that time to July 3, 2012, the Defendant was provided with KRW 17.1 million in total by deceiving three victims, such as the list of crimes in the attached Form by the same method.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A written statement prepared B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2(1) of the Criminal Act provides community service order.

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