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(영문) 서울서부지방법원 2013.09.24 2013고단620
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant came to know from around 2008 with the Victim C, and maintained a friendly relationship with the Victim C.

From May to June 2009, the Defendant made a false statement to the effect that “The Defendant may have a debt equivalent to KRW 100 million from marriage to marriage” to the victim at head office in which the name in Gangnam-gu Seoul is unknown. If the Defendant became aware of the fact, he/she could not marry if he/she was married, and he/she would be divorced if he/she becomes aware of the fact. If he/she borrowed money to repay it, he/she would be repaid within one year.”

After that, the Defendant received KRW 100 million from the victim, and made a false statement to the victim, stating that “The Defendant is well in running the business in which he exercises his right and borrowed money from the need to do so,” using the fact that he was in a close relationship with the victim.

However, even if the defendant did not have any property and borrowed money from the victim, he did not have any intention or ability to return the money properly with the intent to invest the money in futures options, etc.

The Defendant received a total of KRW 348,100,000 from the victim, including the remittance of KRW 20,000,000 from the victim around June 18, 2009, until April 30, 2010.

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

Summary of Evidence

1. C’s legal statement;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement regarding C;

1. A copy of a bankbook, a copy of the details of transactions, each (Account) transaction statement, promissory note, and a certified copy of a deed;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions and the choice of punishment for facts constituting a crime: The defendant's assertion of the defendant and his defense counsel under Article 347 (1) of the Criminal Act shall be invested in the defendant on the condition that the victim shall receive the amount equivalent to 7% of the investment money in return for profit.

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