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(영문) 의정부지방법원 고양지원 2017.10.13 2017고단1052
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 2015, the Defendant: (a) at a coffee shop in which it is impossible to know the trade name of the Gangnam-gu Seoul Eastern, the Defendant was a person who managed the Victim C (59) with the gold leader, which was located in the Republic of Korea after he was killed in the military of Japan and did not have the gold leader, which was located in the Republic of Korea.

The money can be raised to cover 30 to 40% of the market price through a third-party relationship (gold 1kg).

“The phrase “ was false.”

However, even if the defendant receives money from the injured party, the defendant did not have any intention or ability to seek money more than the market price.

As above, the defendant deceivings the victim, and his deceivings the victim, around August 26, 2015, up to 50 million won in the coffee shop from the victim.

Self-check 1, 10 million won

The sum of 100 million won in advance of his own check was paid as the gold price.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. The description of each legal statement of the witness C and F;

1. The defendant asserts to the effect that he borrowed 100 million won as business funds from the injured party, and that he did not deceiving the injured party by making a false statement, such as the statement in the judgment, but C had the investigative agency hear the statements from the defendant to this court and deliver KRW 100 million to the same effect as the statement in the judgment.

In full view of the facts that the Defendant made a statement, D, and E also made a statement to the effect that he/she has prepared money by hearing the statement that he/she can seek money from the Defendant at that time, and that it appears that the actual Defendant and E, etc. have prepared a confirmation document and a summary statement related to the purchase of money, etc., the fact that he/she acquired money by deceiving the victim as stated in the judgment can be fully recognized.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, and the punishment of imprisonment;

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