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(영문) 서울중앙지방법원 2013.11.12 2013고단5191
사기
Text

Defendant

A shall be punished by a fine of KRW 3,000,00 and by a fine of KRW 1,500,000, respectively.

The Defendants are subject to each fine.

Reasons

Punishment of the crime

Defendant

On April 24, 2013, A was sentenced to imprisonment of one year and eight months at the Seoul Central District Court for fraud, etc. and the judgment was finalized on June 21, 2013.

On September 15, 2012, the Defendants conspiredd to the F musical lending station operated by the Seocho-gu Seoul Metropolitan Government victim E with the victim of the victim of the 3rd floor in Seocho-gu, Seoul, stating that “The Defendant is using a female crypian who attends the H school, but cryp was not directly related to the disabled.” This means that “The Defendant would pay the lending fee in 50,000 won per month on the lending page.”

However, the Defendants did not intend to use the Kabin, and the Defendants did not have the intent or ability to pay the rental fee even if they were to borrow the Babin.

The Defendants, by deceiving the victim as above, received from the victim the victim a 5n Nicas with a volume of KRW 20 million at the market price at the seat, thereby deceiving the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Application of Acts and subordinate statutes governing the Seoul Central District Court Decision 2012Gohap5409 and Seoul Central District Court Decision 2013No34

1. Articles 347 (1) and 30 of the Criminal Act concerning facts constituting an offense;

1. Handling concurrent crimes (Defendant A) (latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Articles 70 and 69(2) of the Criminal Code of the Labor House Detention (the Defendants) are against the Defendants, and they are found to be erroneous, and even after the commencement of the investigation, the Defendant B returned the amount to the victim and repaid the amount of KRW 280,000 out of the loan fee. Defendant B appears to have no previous conviction and not led the crime, and the Defendants’ age, character and conduct, environment are comprehensively integrated, and Defendant A shall be sentenced to the punishment as set forth in the Disposition, taking into account equity with the case where the judgment is rendered simultaneously with the crime for which the judgment became final.

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