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(영문) 서울중앙지방법원 2012.11.15 2012고정1366
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 24, 2011, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud, etc. at the Ulsan District Court, and the judgment became final and conclusive on July 24, 2012.

The Defendant did not have any intent or ability to complete the payment even if the Defendant borrowed money from the Victim C;

1. On or around August 3, 2010, a false statement stating that “The victim shall pay the money to him/her immediately necessary, if he/she lends the money,” he/she shall receive three million won from the victim to the account in the name of the defendant, and shall acquire it by fraud;

2. On August 15, 2010, calls from the victim at the place of influencies and calls the victim to “no money is required to be present at the marriage ceremony of female and female. That is, lending 500,000 won to the money would be promptly repaid with the female and that it would be immediately repaid.” The member receives 500,000 won from the victim to the account under the name of the defendant and defrauds it;

3. On September 1, 2010, the victim called the victim by telephone at the place of influencies, and thereby making it difficult to do so. In short, the victim obtained three million won from the victim to the account in the name of the defendant, and the victim acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Investigative report (Attachment to a suspect's A fraudulent judgment);

1. Previous convictions in judgment: To apply the results of the conet case search, inquiry report, the results of the substenet case, and the Acts and subordinate statutes to report on the results

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Defendant guilty of Articles 70 and 69(2) of the Criminal Act for the detention of the workhouses: (a) from March 30, 2009 to August 27, 2009, the first borrowing of money from the victim; and (b) from March 30, 2009 to August 27, 2009, the Seoul Northern District Court Decision 2009No4567, May 2, 2009 on the date of the crime.

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