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(영문) 서울서부지방법원 2015.12.16 2015고단1820
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On January 4, 2013, the Defendant was sentenced to eight months of imprisonment for intimidation, etc. at the Cheongju District Court, and completed the execution of the sentence in the Daejeon Correctional District Court on June 10, 2013.

1. Fraud;

A. From July 2012 to around October 2012, the Defendant was detained on the premise of marriage with the victim C (which was 32 years of age) as a financial expert in the U.S. credit rating company. From around October 2012, the Defendant was detained on the premise of marriage. There was no particular occupation on the wind released on or around June 2013. There was no intention or ability to complete payment even if the Defendant borrowed money from the victim because he did not have any stock investment.

Nevertheless, on June 21, 2013, the Defendant made a false statement that “The Defendant will pay interest and principal to the Defendant who will use the shares for the remaining living expenses and use the profits as the remaining living expenses, and pay the interest and principal.”

The Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the bank account (E) in the name of the mother D on the same day.

B. The Defendant did not have any fact that the Defendant had not received singing, and reported to the investigation agency that singing had received singing, and the Defendant did not have any particular occupation, and thus, did not have any intent or ability to complete singinging down the singinging

Nevertheless, at around 16:00 on August 8, 2014, the Defendant made a false statement to the victim that “the Defendant was forced to do so. It is possible to receive a return of money because it was reported. It is possible to see the damage like a kind of money, so it would return money to relatives.”

As above, the Defendant, by deceiving the victim, received KRW 4 million from the victim to the account in the above D name on August 8, 2014.

2. The Defendant, who is a public official, was aware of the fact that the victim was confined to a prison and was aware of the fact that he was living in the prison, and that such fact was known, and was only on the premise of marriage.

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