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(영문) 서울남부지방법원 2019.03.14 2018고단6729
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

around July 2014, the Defendant made a false statement to the Victim P through N andO, “If you lend KRW 500 million to the victim P, they may bring about and adjust specified objects and pay money to KRW 2 billion. If you lend money, the following day will be paid up to the next day. If the money is insufficient, the Defendant would have to pay KRW 250 million even if it falls short of the money.”

However, the defendant did not have any special occupation at the time, and even if he received money from the victim, he thought to use some of them as living expenses, etc., and did not have any intention or ability to repay it until the next day after receiving the money.

On July 23, 2014, the Defendant received from the victim the check of KRW 250 million from the “R” located on the third floor of Q buildings in Seocho-gu, Q buildings, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Some statements made by the prosecution against the defendant or N concerning the suspect examination protocol;

1. Some statements in the protocol of prosecutorial statement concerning S;

1. Each police statement made to P andO;

1. Application of Acts and subordinate statutes on loan certificates and financial transaction statements;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, conditions favorable to the sentencing of the sentence of imprisonment: the defendant recognized the instant crime and reflected therein.

Despite the criminal records, the defendant committed the crime of fraud, even though he was sentenced two times to imprisonment and five times of fine due to the crime of fraud, he committed the crime of fraud in this case, and did not completely recover the damage of the victim.

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