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(영문) 서울남부지방법원 2018.11.14 2018고단351
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On October 18, 2014, the Defendant, in G Apartment apartment located in the victim F of the victim E located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si on October 18, 201, intends to make a stock investment to D, who is the six degree of spouse interest of the victim, with the profits of making a stock investment.

It was discussed.

However, the Defendant did not have any particular income at the time, and was liable for the debt to No. 3 in the 10 degree credit rating, and used part of the amount received from the victim or D for its own cost of living, not the purchase price, and even in the case of purchased stocks, he did not have the intent or ability to pay the profit to the victim or D even if he received the money under the pretext of stock investment, such as selling at will and using it as a cost of living, etc.

Nevertheless, by making a false statement to D as above, the defendant deceivings the victim as D and its actors, and then deceivings the victim from the victim to the bank account in the name of the defendant on October 20, 2014, KRW 21,311,000, and KRW 78,000,000 around October 29, 2014, the defendant received a total of KRW 99,31,000 from the victim to the bank account in the name of the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. According to the evidence duly adopted and duly adopted by the court, the following: (a) documents related to rehabilitation; (b) details of each account transaction; and (c) documents of lawsuit 218057 [the defendant denies the criminal intent and deception, but the defendant denies financial and credit standing at the time of receiving money from the damaged party; (c) specific place and time of using the remitted money; (d) the time of filing a lawsuit against the remitted money; and (e) the time of filing a lawsuit against the defendant by the defendant’s statement; and (e) the defendant guaranteed the return of principal from the time of the initial agreement; and (e) all the circumstances acknowledged by the court.

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