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(영문) 인천지방법원 부천지원 2013.11.28 2013고단591
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

On February 24, 2012, the Defendant stated to the effect that “The victim F will pay the principal within 2-3 months after giving the victim F with the pentle of the Gyeonggi-gu Incheon Metropolitan City D with the pentle of the sports, and lending the 2% interest of the 2% per month to the victim F with the 30 million won interest.”

However, even if the defendant borrows money from the victim, the defendant did not have any intent or ability to establish a security and pay the money in accordance with the agreement.

On February 27, 2012, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the new bank account under the name of the Defendant on February 27, 2012. From that point to March 9, 2012, the Defendant made every false statement to the victim four times from that time, as shown in the attached crime list, and acquired the sum of KRW 90 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness F, each of the testimony of G, and witness H part of the testimony;

1. Each prosecutor and police interrogation protocol of the accused;

1. Each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes to the complaint, a copy of the details of remittance and transactions, and all registered certificates;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

1. Of the concurrent crimes, the prosecutor, among the concurrent crimes, prosecuted each of the offenses against the Defendant by deeming it a single comprehensive crime, and the content and methods of each of the offenses are different. Therefore, each of the crimes is deemed to be concurrent crimes.

1. Article 62 (1) of the Criminal Act;

1. Reasons for conviction under Article 62-2 of the Criminal Act;

1. The following circumstances acknowledged by the evidence prior to the crime of fraud listed in the annexed Table 1 stated in the annexed Table 1, that is, the victim, in this court and the investigative agency, lent money to the Defendant by providing the Defendant with the penure and its site located in the sports e-mail.”

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