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(영문) 서울서부지방법원 2018.05.23 2017고정1480
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person of nationality who administers mera.

On October 21, 2016, the Defendant received C letters from the victim B to transfer the surgery cost of eight million won to the victim’s family, and paid money to the victim’s “the victim is entitled to receive money from his relative who is in his/her ability to carry on the business of exporting goods.”

“In the end,” the Defendant was transferred to a bank account in the name of the Defendant respectively on October 21, 2016, and on October 22, 2016, KRW 3 million from the person who believed it.

However, the defendant did not run the business of importing and exporting secondhand goods with a friendly relationship, and he did not have any intention or ability to allow his relative to pay money to the family members of the victim.

As such, the Defendant deceivings the victim, thereby deceiving eight million won from the victim.

Summary of Evidence

1. Legal statement of the witness B;

1. A statement of transaction of automated machines [the defendant had money to receive money from the defendant Eul, who is the defendant's residing in the camera at the time of receiving money from the victim, and the defendant sent money to the victim's relative residing in the camera instead of receiving the money, and he did not send money to the victim's relative, and he did not commit deception and did not intend to commit fraud.

The argument is asserted.

However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, (i) whether the Defendant actually existed a person called E claimed by the Defendant, (ii) whether the Defendant was receiving money from E in around 2016, and (iii) whether the Defendant was in operation with E, and (iv) whether the Victim and the Victim were in operation with E, etc., and (v) the Victim and the Victim did not call with E’s phone number known to the Defendant, but could not make E and phone calls.

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