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(영문) 서울남부지방법원 2019.01.31 2017고단6120
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 of the final judgment.

Reasons

Punishment of the crime

On April 20, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of forging private documents, etc. at the Busan District Court's Busan District Court's Branch Branch, and the judgment became final and conclusive on July 15, 2016.

On October 12, 2014, the Defendant made a false statement to the victim C, stating that “I will have the victim take charge of the construction of gambling factory building on the D site in Gepo-si, Gepo-si, Guro-gu, Seoul. However, if I borrowed 70 million won due to the shortage of funds at present, I will receive bank loans within 20 days.”

However, in fact, even if the Defendant borrowed the above money from the victim, he did not have any intent or ability to repay the money within the date agreed to by the victim, even though he did not have any specific procedure to receive the above loan from the bank at the time.

Around October 13, 2014, the Defendant, by deceiving the victim as above, remitted KRW 20 million to the F Bank account under the name of the Defendant’s wife E to the Defendant’s account. around October 16, 2014, around October 16, 2014, the Defendant acquired KRW 30 million in cash in cash within the “H Burial” located in front of Seoul G Station; KRW 17 million in cash within the “H Burial”; around October 20, 2014; and around October 24, 2014, the Defendant acquired KRW 70 million in cash on four occasions, such as receiving KRW 3 million from the F Bank account under the said E’s name.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and I;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of the prosecutorial statement concerning I;

1. Statement of the police statement regarding C;

1. A complaint, a notarial deed, or a loan certificate;

1. Previous convictions: Criminal records, investigation reports (attached to the final judgment, etc.) and the defendant's defense counsel did not receive a total of 47 million won in cash from the victim, and denies frauds corresponding to this part. However, the witness C's police prosecutor's office and this court's statement are also made.

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