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(영문) 서울남부지방법원 2018.11.22 2018고단756
사기
Text

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

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 19, 2015, at the home of the victim B located in the building D E in Dongjak-gu Seoul Metropolitan Government on May 19, 2015, the Defendant, along with his name influor (hereinafter “C”), opened a atmosphere by the Defendant, and the Defendant, with the victim with her husband suffering from a brudic change in brudr, has the drug “the flue leaves”, and this drug does not seem to be visible to ordinary people as a new fluor in China, and all the diseases if drinking.

Therefore, it is possible to treat the patient's husband's disease.

As a result, there is a difference in cash amount of KRW 50 million. If the health is not good after the reinstatement, the false statement was made that “I will return KRW 50 million if the health is not good.”

However, in fact, the above "fawn leaves" did not prove the effect at all, and the defendant did not know about the composition of the medicine at all, as well as whether the above disease can be treated due to the medicine. The defendant did not intend to return it later even if he did not receive money from the injured party because there was no income from the medicine.

The defendant, in collusion with the above-mentioned person, received cash amounting to KRW 50 million from the damaged person, namely, a sum of KRW 50,00,000, under the summary value.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness B and witness F;

1. A protocol concerning the interrogation of the suspect against the defendant B by the prosecution;

1. The defendant (defense counsel) did not commit the crime of defraudation in collusion with one person C;

As such, comprehensively taking account of the above evidence (in particular, 150 pages of evidence), the Defendant is sufficiently able to recognize the fact that the Defendant, as he did not know at all the ingredients, etc. of the “fash,” and did not know whether the disease can be treated due to the medicine,” the Defendant explained the effect of the “fash” to the victim as prescribed by the Defendant, thereby deceiving the victim, thereby deceiving the victim of KRW 50 million.

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