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(영문) 서울중앙지방법원 2016.07.14 2016고단1811
사기
Text

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

Reasons

Punishment of the crime

The defendant of "2016 Highest 1811" is a person who trades release on bail against the court of first instance in Seoul.

On December 2, 2015, the Defendant made a false statement to the effect that “D” is “D” in Seoul, and that “The Defendant would sell precious metals at the low price at the delivery place” to the victim E in the coffee of “D”.

However, the facts did not have any intention or ability to purchase precious metals even if they receive money from the injured party.

Around December 3, 2015, the Defendant, at the same time and around December 10, 2015, received cash worth KRW 50 million from the injured party. Around December 10, 2015, the Defendant received cash worth KRW 50 million from the same place.

As such, the defendant accused by deceiving the victim and defrauding the total of KRW 100 million.

On June 3, 2015, the Defendant made a false statement to the effect that “Apmond purchase cost is to be purchased on the face of Damond” to the victim at a business establishment selling bail for the operation of the Victim G in the Seoul Jongno-gu Seoul Metropolitan Government F Building 6.”

However, at the time of fact, the defendant did not have any intent or ability to purchase the Montreald amount equivalent to the total amount of the money received from the injured party, such as the agreement, even if he/she received some of the money from the injured party due to the situation where 100 million won is liable for the debt without any property or income.

The Defendant, as such, by deceiving the victim, received KRW 88,490,000, in total from the victim to December 15, 2015, the Defendant received from the victim the payment of KRW 88,490,000 from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of statutes on the details of Stockholm text messages, copies of passbooks, remittance details, and details of transactions;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes.

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