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(영문) 서울서부지방법원 2015.07.21 2012고단1615
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On December 28, 2010, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Western District Court (Seoul Western District Court) and completed the execution of the sentence at the Seoul Southern Southern District Court on May 7, 201.

【Criminal Facts】

Around September 9, 2011, the Defendant: (a) purchased 20,000 won from the victim C’s house located in Gangnam-gu Seoul Metropolitan Government, and lent 600,000 won per 1 rental car to the Defendant; (b) however, (c) he/she became 8,00,000 won invested so far as he/she was unable to receive money; (d) he/she borrowed money from her company even before he/she paid money; and (e) he/she borrowed money from the victim even before he/she paid money; and (e) around September 9, 201 and September 15, 201, the Defendant received 5,00 won in total from the victim’s new bank account under the name of the Defendant to 10,00,000 won; and (e) around October 14, 2011, he/she received 200,0000 won in total from the Defendant’s auction site and received money from 20,00,00,000.

However, the Defendant did not have any intention or ability to return money normally even if he received money from the victim because he did not own 20 sirens or received a successful bid for a heavy vehicle, and was thought to use the money received from the victim for a separate business fund or an individual purpose.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. A new statement of transactions of banks;

1. Previous records: Application of investigative reports (Attachment of criminal records of the same kind of suspect);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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