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(영문) 서울북부지방법원 2019.07.25 2019고단1060
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On January 5, 2016, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for the acquisition of third-party brain at the Seoul Northern District Court, and the said judgment became final and conclusive on January 13, 2016.

1. Around September 23, 2011, the Defendant defrauded KRW 2 million with the victim B from the Gongung-dong, Seoul Special Metropolitan City, Nowon-gu, to the effect that the victim B “I was detained, and if so, I would pay the fine for the violation of the Road Traffic Act. I would like to say that the Defendant would lend the money that he will be fully responsible and repaid.”

However, even if the defendant borrowed the above money from the victim, he did not have the intent or ability to repay it.

Nevertheless, the Defendant received KRW 2 million from the victim to the agricultural bank account in the name of the Defendant on the same day and acquired it by fraud.

2. On March 2012, the Defendant acquired 33 million won by deception, the Defendant concluded that “The Defendant lent a criminal case attorney fee to the victim as he is not a good figure. It is a director who is the president and is a director at the seat of the president, and the Plaintiff would have repaid the money at that time after the completion of the redevelopment area in Incheon.”

However, even if the defendant borrowed money from the victim as a lawyer fee, he did not have the intention or ability to pay it.

Nevertheless, the Defendant had the victim pay 33 million won in cash around March 27, 2012 and around August 11, 2012, 2012, including cash 18 million won, on behalf of the said attorney-at-law office, and had the victim obtain property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. A report on investigation (verification of the fact that two million won has been delivered by the complainants), a copy of the statement in 2015-type and 37360, and a copy of passbook B;

1. The previous decision: A criminal investigation report (the third party decision for the suspect involved in this case).

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