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(영문) 수원지방법원 성남지원 2016.12.01 2016고단2920
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 29, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on February 6, 2015, and the judgment became final and conclusive on February 6, 2015.

【Criminal Facts】

On February 4, 2014, the Defendant made a false statement to the victim’s D office operated by the victim C at Chang-si’s window B, Changwon-si, that “The Defendant would purchase 25 million won as the fee for a set-off (150 million won as the fee for a set-off)” to the victim.

However, at the time, the defendant was liable for approximately KRW 100 million, and even if he was paid the amount from the victim to purchase E, F's car clubs, and yachts, he did not have the intent or ability to purchase the amount normally designated by the victim.

Nevertheless, on February 6, 2014, the Defendant: (a) by deceiving the victim; (b) transferred KRW 20 million from the victim’s account under the name of the Defendant to the account (agricultural Cooperatives and G); and (c) received KRW 5 million from E upon the victim’s request on February 7, 2014 and received KRW 25 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victim and E;

1. Complaints, details of transfer, and details of transactions;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (including that it was agreed upon, and that it could have been tried together with a final judgment);

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