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(영문) 서울중앙지방법원 2016.11.30 2016고단6299
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 3, 2015, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for the crime of forging private documents at the Daegu District Court on December 11, 2015, and the judgment became final and conclusive on December 11, 2015. On April 12, 2016, the Seoul Central District Court sentenced six months of imprisonment with prison labor for special larceny (or six months of imprisonment) at the Seoul Central District Court, and the judgment became final and conclusive on April 20, 2016.

【Criminal Facts】

1. On August 201, 201, the Defendant made a false statement to the effect that “The Defendant borrowed KRW 100 million to her son who was aware of in the territory of the Republic of Korea from around 2011 to the Republic of Korea,” at the victim’s house located near D Contac located in Myanmar-si, the Defendant borrowed her her her son to her her son but temporarily fell short of money. The Defendant would repay her her son to her her son on a hand on lending money.”

However, in fact, the Defendant did not have any particular income as a person with bad credit standing, and was thought to use the money borrowed from the victim as money for gambling, so even if he borrowed such money from the victim, he did not have any intention or ability to pay the money.

Nevertheless, the Defendant deceptioned the victim as above, and received approximately one million Korean Won from the victim, namely, the Korean fire extinguishing of the Republic of the Philippines on September 2, 2013. On September 2, 2013, the Defendant received KRW 1 million from the account in the name of Nonindicted Party E, the Defendant’s seat, and received KRW 1 million from the said victim’s home during the same month. On October 2013, the Defendant received approximately KRW 1 million Korean fire extinguishing in the amount of KRW 1 million from the said victim’s home, and the Defendant received approximately KRW 1 million Korean fire extinguishing in the amount of KRW 1 million from the said victim’s home.

As a result, the Defendant, by deceiving the victim, obtained a picture fire extinguishing in the Switzerland of the amount of KRW 1 million and KRW 3 million in the amount of KRW 1 million and KRW 3 million in Korean currency from the victim and acquired it.

2. Larceny;

A. A cash card and credit card theft Defendant is the victim’s possession at the victim C’s house as indicated in paragraph (1) around June 14, 2014, between the victim’s locked eye and the victim’s locked eye.

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