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(영문) 서울남부지방법원 2017.04.19 2016고단644
사기
Text

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

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On August 7, 2015, the Defendant was sentenced to a suspended sentence of 2 years for fraud at the Seoul Southern District Court, which was sentenced to a suspended sentence of 6 months, and the said judgment was finalized on the 18th of the same month. The Defendant committed the following crimes under the condition that he/she has a remaining debt equivalent to 100 million won by lending money under the pretext of living expenses, etc. from the victim D who was known to the ordinary party from around 207

On January 14, 2010, the Defendant: (a) at the office of the headquarters of the BC card located in Seocho-gu Seoul Metropolitan Government Seocho-gu, the Defendant collected money from the victim D by investing in the land or reconstruction building.

If a mother makes an investment, he/she will leave the profit.

‘A false statement' was made.

However, in 209, the Defendant filed an application for individual rehabilitation because it did not have any special property, and even if there was no money to pay interest on the existing obligation borrowed from the injured party, the Defendant thought that the so-called “prohibits” should be applied to the Defendant’s living cost or interest on the existing obligation against the injured party, and even if he borrowed additional money from the injured party, he did not have any intent or ability to pay the profits, etc. by investing in the Defendant’s mother even if he received money under the pretext of investment, etc. from the injured party.

Nevertheless, the Defendant, as seen above, received 3,000,000 won from the injured party on the above date, from the injured party on the Internet. From that time to March 25, 2014, the Defendant 200,380,000 won was remitted or delivered from the injured party on the pretext of investment money, etc. over 35 occasions as stated in the crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Part of the oral statement made to the defendant in the police interrogation protocol;

1. Statement made by the police against D;

1. Certificates of transfer transactions and certificates of process;

1. Previous convictions in judgment: Seoul Southern District Court;

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