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(영문) 서울서부지방법원 2013.05.10 2013고단178
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around August 20, 2007, the Defendant made a false statement to the victim E at the original unit price operated by the victim E in Jongno-gu Seoul Metropolitan City D market, stating that “Aber was entitled to a building with the E’s heritage, and the inheritance tax is paid and the cost of remodeling the building is required. It is necessary to lend money.”

However, there was no fact that the defendant succeeded to the building due to miscarriage, and even if he received the money from the victim, he did not have any intention or ability to repay that money.

As such, the Defendant, by deceiving the victim, obtained KRW 30 million on the same day from the victim, KRW 28 million on August 30, 2007, KRW 4 million on September 10, 2007, and KRW 2.5 million on September 20, 2007, and obtained KRW 2.5 million on September 20, 2007, by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to notarial deeds or borrowed money;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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