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(영문) 서울북부지방법원 2018.07.20 2018고단58
사기
Text

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

Reasons

Punishment of the crime

The defendant has tried to acquire money from victims D who became aware of through friendly birth under the pretext of employment solicitation and E delivery brokerage.

1. On August 2014, the Defendant would have the victim employed in a large enterprise if he/she takes care of KRW 50 million to the victim at the non-commercial coffee shop near the Gangnam-gu Seoul Metropolitan Government High-speed Bus Terminal;

A false statement was made.

However, the defendant thought that he did not have the intention or ability to employ the victim's assistance in large enterprises, and that he used the money received from the victim for personal use.

On September 3, 2014, the Defendant received from the injured party the remittance of KRW 50 million from the Defendant’s wife F account to the Defendant’s wife F account on September 3, 2014.

2. The defendant, under the pretext of supply brokerage, would arrange for the supply of tools and safety goods to E, if he/she pays money to the victim at a non-permanent area in August 2014.

A false statement was made.

However, in fact, the defendant did not have the intent or ability to arrange the victim to supply tools and safety goods to E, and was thought to use the money received from the victim for personal use.

The Defendant, on August 27, 2014, received from the injured party KRW 5 million from around August 27, 2014, and KRW 10 million from September 22, 2014 to the account in the name of the Defendant’s wife, and acquired KRW 15 million in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D, G and H;

1. Application of Acts and subordinate statutes to a loan certificate, receipt, and account statement;

1. Article 347 of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated punishment of concurrent crimes is that the defendant acquired a total of 65 million won from the injured party under the pretext of employment solicitation and E delivery brokerage, and the crime is not good, and even if the amount of damage was a large amount, the defendant was not completely restored.

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