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(영문) 서울중앙지방법원 2013.11.29 2013고단487
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 13, 201, the Defendant defrauded 10 million won of the money purchase fund, which reads that the victim E who is a partner of the business in Gangnam-gu Seoul apartment complex would need to purchase the money to be supplied to (B)F from the (B) D office located in the (B) D office located in the (B) D office in Gangnam-gu Seoul apartment complex. It is necessary to purchase the money from (B)G. Since the establishment procedure of (B)D is in progress and there is no fund, the Party will pay 10 million won on an individual basis first.”

However, even if the Defendant received KRW 10 million from the victim, the Defendant did not have the intention or ability to purchase money with the above KRW 10 million because he had to use it for personal purposes, such as payment of credit card payment.

The Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the account in the name of the Defendant on the same day.

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

2. Around June 10, 201, the defrauded 3,50,000 won of the balance certificate fund, false statement was made to the victim in the above (State) D office, stating that “If the balance certificate was issued by means of inserting money in the internal passbook and immediately withdrawing it again, the victim would be entitled to a refund of 20,000,000 won. It would be immediately returned after proof of balance.”

However, even if the defendant receives money from the victim, the defendant did not have the intention or ability to return the money after the balance certificate because the defendant had to use it as personal living expenses.

The Defendant, as such, by deceiving the victim, received KRW 50,00,000 from the victim on June 10, 201, and KRW 3.5 million on June 16, 201.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and H among the interrogation records of the accused by the prosecution;

1. Each statement of E and I among the police suspect interrogation records of each accused;

1. The protocol of statement to E by the police;

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