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Reasons
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(영문) 수원지방법원 2013.08.23 2013고단2107
사기
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

1. Although the Defendant received a factual advance payment, he/she did not have the intent or ability to work in multiple banks, he/she received a false statement from the victim D, i.e., “The Defendant shall pay 5.5 million won in advance to the agricultural bank account in the name of the Defendant on December 4, 2012, 3.5 million won, and 2 million won in advance to the same account in the name of the Defendant on December 4, 2012.”

2. Although the Defendant did not have the intent or ability to work at a multiple hospital even if he was admitted to a hospital, on December 20, 2012, the Defendant was transferred KRW 500,000 from the victim’s agricultural account to the Defendant’s agricultural bank account, on the following grounds: (a) on December 20, 2012, the Defendant posted the phone to the victim at the infinite site, “it is hospitalized at a hospital; (b) there is no hospital hospitalization; and (c) there is no hospital hospitalization cost; and (d) the Defendant transferred KRW 500,00 to the Defendant’s agricultural bank account.”

In this respect, the defendant received a total of 6 million won from the victim for prepaid money, etc. on two occasions, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A copy of a bankbook;

1. Application of Acts and subordinate statutes to a copy of trading statements;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act (including the fact that there is no past record exceeding the fine against the accused and the fact that the accused repents the wrong facts, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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