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(영문) 서울남부지방법원 2014.10.13 2014고단1762
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

At around 14:00 on November 20, 2013, the Defendant made a false statement to the effect that “A victim C who was aware of an Internet-typeed Internet-type 235 ‘Magju Station’ located in Gwangju Northern-gu, Gwangju, shall return to the United States, and no money shall be lost. If the aircraft mark value is lent, the Defendant shall return to the United States.”

However, in fact, the defendant did not have any intention or ability to pay the money even if he did not reside in the U.S. or left Korea from a foreign country, and did not borrow money from the victim.

Accordingly, the Defendant, as seen above, by deceiving the victim as above, received cash of KRW 1,300,000 from the victim to January 15, 2014, and acquired KRW 31,600,000 in total on 16 occasions, such as the list of crimes in the annexed crime list, from around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the police protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the confession of a criminal act and the pening of errors in depth, the absence of the record of sentence for the same kind of crime, the deposit of KRW 500,000 for the victim, and other circumstances such as the motive for the crime, the health condition of the accused, and the relationship with the victim);

1. It shall be decided as ordered for the reason under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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