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(영문) 서울중앙지방법원 2016.11.16 2016고단6556
사기
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 21, 2016, the Defendant was sentenced to 8 months of imprisonment for fraud at the Seoul Central District Court and 2 years of suspended execution, and the above judgment became final and conclusive on October 29, 2016.

【Criminal Facts】

1. Around April 25, 2015, the Defendant made a false statement to the effect that “A victim C, who is a member of society, calls from a victim who is a member of society, and loans money to the victim. If the Defendant borrowed money, he/she would have to repay money within two to three months.”

However, in fact, the defendant thought that he will be stuffed with the borrowed money, and there was no intention or ability to repay the debt even if he borrowed money from the victim because there was no particular property or source of revenue other than 20 million won at that time.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 4.5 million on the same day from the victim as the loan money, KRW 9.16 million on June 17, 2015, and KRW 27.4 million on July 8, 2015 from the victim as one bank or national bank account in the name of D.

2. On May 31, 2015, the Defendant made a false statement to the effect that “The following day shall be repaid if the Defendant lends money to the victim C in the vicinity of the KBS villa located in Yeongdeungpo-gu Seoul Metropolitan Government, to the victim C.”

However, the defendant did not have any intention or ability to repay the above even if he borrowed money from the victim for the same reason as the statement in Paragraph 1.

Nevertheless, the Defendant deceiving the victim as above and received 2,300,000 won from the victim, i.e., a loan from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint, and a notarial deed;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment to a suspect A's judgment), application of court rulings and other statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the same Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.

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