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(영문) 의정부지방법원 2015.06.26 2015고단1143
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. On January 11, 2014, the criminal defendant against the victim C told the victim C (n'e, 48 years of age) (i.e., he/she would pay interest and principal if he/she lends money because he/she is conducting funeral services for the unprocessed products) that he/she became aware of in the E Hospital Hospital Hospital D located in Jung-si, Jung-si, the Government-si, 2014.

However, the facts are that the defendant is a beneficiary of basic life without any property or income as a beneficiary of credit bad credit, and that he sells the non-processed products in a small amount at the private school, hospital, etc., so even if he borrows the above money from the victim, he did not have any intent or ability to pay it.

Nevertheless, as such, from November 25, 2014 to December 22, 2014, a sum of KRW 12,60,000,000 from the victim was transferred from the victim to the Agricultural Cooperative Account in the name of F used by the defendant on the same day by deceiving the victim as such, and from November 25, 2014, it received KRW 5,500,000 from the victim.

2. On January 7, 2015, the criminal defendant against the victim G expressed that “the victim G (or, 34 years of age) who was aware of the criminal defendant's treatment at the above E hospital, provided that “the defendant would engage in funeral services for the unclaimed products, have any words in the U.S. military unit, and would exchange money at USD 34 on a face of the money.”

However, even if the victim received money from the victim, there was no intention or ability to exchange money in US dollars.

Nevertheless, by deceiving the victim as such, one million won was transferred from the victim to the national bank account under H’s name, and one million won was delivered in cash on the following day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. Application of Acts and subordinate statutes of the Statement of Transactions (Agricultural Cooperatives, F);

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Punishment;

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