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(영문) 서울남부지방법원 2015.09.11 2015고단2967
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. At around 11:30 on October 23, 2013, the Defendant made a false statement to the victim B that “D, which is the first-class son of the C President, may be employed on the Korean power within one month, upon request from D, in the middle-class son of the C President, and upon request from D, he/she may be employed on the Korean power within one month. To do so, D must have personnel management, and then 2.5 million won should be changed.”

However, in fact, D is not a relative of C President, and the substance of D is not confirmed, and the defendant thought that he would use the money received from the victim for a horse game, etc., so there was no intention or ability to find the victim's children employed in Korean power.

The Defendant was issued KRW 25 million from the victim's seat.

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

2. On July 1, 2014, the Defendant made a false statement that “Around July 1, 2014, at a mutually influorous restaurant in Yeongdeungpo-gu Seoul Metropolitan Government, the victim B, “I would like to give a child to a Korean-power horse and marina society,” or “I would like to give a child to be employed in a marina society,” and there was little problem of finding employment in marina society, and, in order for employment to be finalized, D would have to contact with D, 5 million won of entertainment expenses.”

However, in fact D is a person whose substance is not confirmed as above, and the defendant only thought that he would use the money received from the victim for a horse game, etc., did not think that he would use the money for the children of the victim, and did not have any intention or ability to find the children of the victim in a marina society.

On July 2, 2014, the Defendant received KRW 5 million from the victim through the Defendant’s new bank account in his wife E.

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

Summary of Evidence

1. Defendant's legal statement;

1. The statement of F in the police interrogation protocol against the accused.

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