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(영문) 서울동부지방법원 2019.07.04 2018고단2466
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On November 10, 2017, the criminal defendant against the victim B made a false statement to the victim B, stating that “If the victim B borrowed money to the 28 major group, he/she will have to pay the money to the 28 major group.”

However, the defendant did not have a small child, and even if he borrowed money from the victim, the defendant did not have any ability or intent to repay it.

The defendant was given 50,00 won from the victim's seat.

Accordingly, the defendant was given property to the victim by deceiving the victim.

2. On April 30, 2018, around 15:17, the Defendant against the victim E made a false statement to the victim E from the subway station platform of the subway station of the subway station of the subway station of the 53-ro, Gwangjin-gu, Seoul Special Metropolitan City, stating that “The Defendant visited the victim E while serving in the stage room of the 25th century. There is no money, such as coming from the house, and there is no money, and it is difficult to hold. If the bus expense is lent KRW 50,00,00,000, the money borrowed will be transferred to the account number.” The Defendant carried as F, and entered “F and G” in the main book.

However, the defendant did not use the above telephone number, and even if he borrowed money from the victim, he did not have any ability or intention to complete the payment.

The defendant was given 50,00 won from the victim's seat.

Accordingly, the defendant was given property to the victim by deceiving the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. B written statements;

1. Application of Acts and subordinate statutes to output CCTV image data, and to report internal investigation (the confirmation of CCTV in a criminal place, and the specification of raising the suspect);

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act and the selection of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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