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(영문) 서울중앙지방법원 2016.12.01 2016고단7851
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant, around May 200, developed the victim C into a relationship with the person with the victim through Internet communication around May 200, and has disturbed him by 2016, and has misrepresented himself as a staff of the National Intelligence Service.

Around May 9, 2010, at a place where the Defendant was unable to know the place, the Defendant made a false statement to the victim, stating that “Any North Korean personnel was aware of it through the Ghana’s labor movement, and the ship that served in the NIS was specially employed as a staff member of the National Intelligence Service. In order to work as a staff member of the National Intelligence Service, the Defendant made a false statement to the effect that “The Defendant would receive a benefit upon deposit of money as personal expenses need to be paid.”

However, the Defendant was not an employee of the National Intelligence Service, but did not have any intent or ability to complete payment even if he/she borrowed money from the victim due to the lack of certain income or property.

Nevertheless, the Defendant deceiving the victim as above and transferred KRW 500,000 from the victim to the Agricultural Cooperative Deposit Account (Account Number: D) in the name of the Defendant on May 9, 2010.

In addition, during the period from May 30, 2016 to May 30, 2016, the Defendant deceivings the victim, as described in the attached Table of Crimes, and was transferred from the victim a total of KRW 151,59,00 in total to the said Agricultural Cooperative Deposit Account with the aforementioned expenses, travel travel expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A statement of personal financial transactions, recording, entry and departure of each individual, and a statement of deposit transactions;

1. Application of Acts and subordinate statutes to investigative reports ( telephone communications-friendly suspect-friendly type and deposit statements related to the name of the NIS);

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, grounds for sentencing of sentence [the scope of recommending sentence] basic area (one to four years) [the decision of sentencing] [the defendant's damage caused by the crime of this case is a large amount, the damage of the victim has not been repaid, and the damage has not been repaid.

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