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(영문) 서울중앙지방법원 2018.10.11 2017고단6975
사기
Text

Defendants shall be punished by imprisonment for one year.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

At around 12:00 on November 3, 2016, the Defendants made a false statement to the effect that, “The victim F would be required to operate the pawne business dealing with secondhand goods as a partnership business.” If the Defendants lent KRW 120 million to the victim, they would offer one car per one car and one car per event of events as security, and the said car will be a multilateral passenger, and if the repayment was not made by December 4, 2016, they will be arbitrarily disposed of.”

However, Defendant A did not have the right to have the victim dispose of the said two vehicles if the borrowed money is unable to be repaid. Defendant B did not have the intent or ability to repay the borrowed money even if the injured party received money from the damaged party as the fund for the pawned Project, because he thought that it would be used for the personal purpose.

The Defendants deceiving the victim as above, and was transferred to the new bank account in the name of the Defendant, KRW 114 million from the date of damage on November 4, 2016.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Protocol concerning the interrogation of suspects by the prosecution against the Defendants (excluding part concerning the statement in F currency)

1. Each legal statement of witness F and G;

1. Statement made by the police with respect to F;

1. Investigation report (verification of persons bringing three vehicles), investigation report (Submission of bankbook A), investigation report (Submission of suspect A head of Tong), and investigation report (Submission of suspect B account transaction details);

1. Application of Acts and subordinate statutes to certificates of process and certificates;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. Although the amount of fraud by fraud of the reason for sentencing of Article 62(1) of the Criminal Code of the suspended sentence is not small, the defendants do not want the punishment against the defendants by paying the full amount of damages in the trial process.

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