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(영문) 서울중앙지방법원 2016.05.18 2016고단1332
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 18, 2013, the Defendant made to the Chairperson a certificate of balance of KRW 10 billion to use the victim E for three days, at the Seoul Seocho-gu Seoul Building 609 Office, “There is a large number of the members of the board of directors, who are gathering 50 million won,” and the victim E will make a certificate of balance of KRW 10 billion to use it for three days.

“Falsely false.”

However, the defendant did not know about a large amount of money to be lent KRW 10 billion, and he thought to be used for the cost of living with the above KRW 50 million. Thus, even if he received KRW 50 million from the injured party, he did not have an intention or ability to raise funds of KRW 10 billion from the injured party.

Nevertheless, the Defendant, as such, by deceiving the victim, received 1 copy of the check (number : F) in front of the face value of 50 million won issued at the calendar branch of the national bank for the purpose of proving balance from the victim to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement E or G concerning the accused in the second examination of the suspect in the suspect examination protocol;

1. Application of Acts and subordinate statutes to written complaints and copies of checks;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. It is so decided as per Disposition on the grounds of an alternative imprisonment or heavier punishment;

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