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(영문) 서울중앙지방법원 2020.05.08 2018고정709
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Seoul Central District Court on January 17, 2019, and the said judgment was finalized on January 25, 2019.

【Criminal Facts】

On May 12, 2016, the Defendant made a false statement to the victim B, who became aware of through the introduction of a sponator at the coffee shop near Gangnam-gu Seoul, Seoul, stating that “The Defendant would sell spons after one month.”

However, even if salt is obtained from the victim, there is no intention or ability to pay the price by selling it.

The Defendant received 10,000,000 won of a sun-dried salt with 4 million won as well as 600,000,000 won from the victim.

As a result, the Defendant was given a total of 5.2 million won salt and so on by deceiving the victim.

Summary of Evidence

1. Statements of witnesses B and C in the 8th trial records;

1. Statements made by witnesses D in the 11th trial records;

1. Protocol of the police statement concerning B;

1. Investigation report (to be made with persons who dry up salt of the complainants, in telephone conversations with the complainants, and attaching relevant case records);

1. A written complaint, a monetary lending and borrowing contract, and a recording file;

1. The suspect's photograph and the Kakaoo xe photograph which is in the written contract;

1. Previous convictions: The following circumstances acknowledged by the evidence duly adopted and examined by the court: ① the victim has consistently and specifically stated the background and contents of the damage, and the main parts of the situation before and after the damage, and the contents of the statement are highly reliable, considering that it is difficult to make a statement without direct experience; ② the victim was leased by another business operator and the victim was returned from the other business operator and the victim was returned to the victim as soon as possible after the sale of salt, and ③ the victim did not return the aforementioned scrap to the victim.

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