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(영문) 서울서부지방법원 2013.06.27 2012고정1369
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

Since about 10 years ago, the Defendant lent the victim C’s husband D 380 million won to the victim C, but D did not pay it. However, D pretended as if it was necessary to pay money to the victim C, which was the wife of D, with the intention to recover part of the loan in a manner that did not pay it.

On June 8, 2009, the Defendant calls to the victim at a place not known to him/her at a place that is not known to him/her on or around June 8, 2009 and falsely speaks as follows: “I will complete payment at least 20 days if I lend five million won as I need to pay for business

9. The victim received five million won from the E Bank account (Account Number:F) of the defendant's child.

In addition, the Defendant phoneed the victim at a place where it is unknown on June 15, 2009 and made a false statement to the effect that “The Defendant would make a lump sum payment within 20 days, including five million won borrowed before sending the above amount,” and received from the victim on the 16th of the same month a remittance of KRW 15 million from the victim to the above E’s account.

In addition, the Defendant called the victim at a place where it is unknown on June 18, 2009, and received KRW 10 million from the victim to the above E account on July 10, 2009, by means of phone calls to the victim at a place where it is not known, and falsely concluding that the Defendant would pay KRW 10 million in lump sum, including KRW 20 million prior to borrowing KRW 20,000,000.

However, from the beginning, the Defendant did not have any intention to repay the money received from the victim as the borrowed money.

Accordingly, the defendant deceivings the victim, and 30 million won in total through three times from the victim.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The statements made by C, G and H in the third protocol of trial;

1. Application of Acts and subordinate statutes to text messages printed out;

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

1. As to the assertion of the accused and the defense counsel under Articles 70 and 69(2) of the Criminal Act for the detention of the workhouse.

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