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서울남부지방법원 2018.05.18 2017고단2337
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On March 28, 2013, the Defendant made a false statement to the victim B from the North Korean People's Welfare Center located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, 904-5, that “I would pay 100 million won of retirement allowance immediately after 2 months from the loan of money,” but the Defendant did not have any intention or ability to pay the money even if I received the money from the victim since I did not want to receive the money as a newspaper reporter and did not want to receive the money from the victim.

Nevertheless, as seen above, the Defendant, by deceiving the said victim, acquired KRW 3 million on the same day from the victim, KRW 2 million on March 29, 2013, KRW 100,000 on May 9, 2013, and KRW 9.5 million on June 6, 2013.

2. On March 29, 2013, the Defendant made a false statement to the victim D as described in paragraph (1) at the place specified in paragraph (1) on March 29, 2013, and received remittance from the said victim of KRW 5 million on the same day.

3. On April 2, 2013, the Defendant made a false statement to the victim E at the place specified in paragraph 1, as described in paragraph 1, and received KRW 10 million from the said victim to the account in the F’s name on the same day and acquired it by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. The part corresponding thereto in the prosecutor's statement protocol against the defendant

1. Each police statement made with respect to F, E, or D;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim B telephone);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective 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;

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