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(영문) 인천지방법원 2019.10.07 2019고단2545
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant heard that, as the husband of the Defendant had made a false statement from a person who was not named in his name, the Defendant would be entitled to receive gold or international parcels containing a large amount of money, and had the victims borrow money from the victims to transfer money to the person who was not named in his name.

On August 17, 2017, the Defendant made a phone call to the victim C and made a false statement to the victim C, “The head of the Gu residing in a foreign country shall have a fee to find the gold leader in Korea, and if the gold leader is in the Incheon Customs Office, he/she will pay the money.”

In fact, it is not confirmed that the substance of the “D” as alleged by the Defendant was not verified, and at the time, it was not confirmed whether the gold leader was against the Incheon Customs Office, or even if the gold leader was lost, and the gold leader was lost.

Even if the above leader was delivered to “B” and the Defendant could not legally receive the above leader. Thus, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to repay the borrowed money by finding the money.

In such a way, the Defendant, as described in the attached crime list from July 4, 2017 to May 17, 2018, by deceiving the victim, received KRW 300,000 from the victim as a loan money, and acquired it by fraud from the victim to the victim, and by allowing the victim to receive KRW 204,091,00 in total on 32 occasions in the same manner as indicated in the attached crime list, or to remit it to the above person under the name of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of E and C;

1. Investigation report (a case for confirming the graduates of Fmiddle Schools);

1. Dial dialogue photographs;

1. A credit information report;

1. Data to cut down a letter;

1. G replies;

1. Application of statutes governing e-mail output;

1. Criminal facts;

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