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(영문) 서울남부지방법원 2019.06.19 2018고단1994
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On February 3, 2012, the Defendant was sentenced to a suspended sentence of three years and a fine of two million won for fraud at the Seoul Northern District Court on October 1, 2012, and on October 1, 2013, the period of the grace expires after being sentenced to imprisonment of one year and a fine of two million won at the Seoul Northern District Court on December 13, 2013, and the sentence of the suspended sentence became final and conclusive on December 13, 2013, and on February 9, 2015, “the date of February 6, 2015” as stated in the indictment appears to be a clerical error, and thus, the above suspended sentence is ex officio corrected.

The enforcement of each of the above penalties was terminated in the Seoul Eastern Detention Center.

【Criminal Facts】

On November 29, 2017, the Defendant appears to have "I" written indictment in the victim C at the residence of the accused in detail B of the Philippines, and thus ex officio correction is made.

It is necessary to pay Korean money to Korean customers, who are engaged in yachts business and money exchange business in the Philippines. The money loaned KRW 120 million as an overseas remittance will be deducted, so it would be possible to first send Korean money to Korea.

However, the defendant did not engage in yachts business or money exchange business, and did not transfer 120 million won to the victim overseas, and it is difficult to pay rent for the residence, and even if he received money from the victim, there was no intention or ability to pay it.

The Defendant received from the victim KRW 3.2 million on the same day, around December 7, 2017, KRW 3.5 million on the same day, KRW 2.5 million on December 9, 2017, KRW 4.4 million on December 15, 2017, and KRW 13.6 million on December 15, 2017, from the Defendant’s E BankF account in the name of the E BankF account.

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

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Fluorial records of transactions in G Bank, H photographs;

1. Before the ruling: The results of the search by prisoners, criminal records, etc., and the application of the law of investigation report (verification of criminal records of the same kind A).

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