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(영문) 서울중앙지방법원 2016.11.10 2016고단7289
사기
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A defendant shall be punished by imprisonment for not more than ten months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[Criminal Power] On January 12, 2012, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Central District Court on January 12, 2012, and completed the enforcement of the above sentence on the 28th day of the same month.

【Criminal Facts】

1. On March 21, 2013, the Defendant told the victim C to the effect that “The Defendant changed the victim’s KRW 650,000,000,000,000,000,000,000.”

However, in fact, the defendant thought that he will use the money from the victim for the cost of living, but did not have the intention or ability to purchase the Nowon-gu.

As above, the Defendant, by deceiving the victim as above, was given KRW 650,000 on the same day as the purchase cost of Nowon-gu.

2. Around March 27, 2013, the Defendant stated that “the victim C may receive KRW 12 million after three months if he/she takes charge of the bond company’s KRW 5 million.”

However, in fact, the defendant did not think that he would use the money for the cost of living with the victim and did not have any other revenue or property from the victim, so there was no intention or ability to give 12 million won after three months since he did not have any other revenue or property.

As above, the Defendant, by deceiving the victim as above, received KRW 5 million on the same day as the borrowed money from the victim, and received KRW 39,450,000 from around that time to October 26 of the same year a total of KRW 41 times, as in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Details of account transactions, letters, and text messages, and records thereof;

1. A complaint;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (referring to the same criminal records and repeated crimes);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (generally, the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, Applications for Compensation Orders;

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