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(영문) 서울북부지방법원 2019.05.14 2018고단1886
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around March 2004, the Defendant became aware of the Victim D, who is a B college C and a ship, and maintained her friendship.

Around June 5, 2015, the Defendant made a false statement to the effect that “When the Defendant lends money to the victim, he/she would have repaid the money of the fraternity that began on or around September 2015 without the mold.”

However, the Defendant was not in a situation where the Defendant was in a normal payment of the fraternity money at the time, and the amount that was already borrowed and repaid from the victim had not reached KRW 200 million. From around 2001 to 2014, the Defendant had not been able to repay the loans and the business and livelihood funds received from E, F, G, H, H, H, I, I, J, K, K, L, and M. Therefore, even if he borrowed money from the victim, there was no intention or ability to repay the loans.

Nevertheless, around June 5, 2015, the Defendant received KRW 390,000 from the victim to the Nbank account in the name of the Defendant and received KRW 105,630,000 from the time to January 25, 2016 in the same way as indicated in the list of crimes in attached Form 33 times.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement by the prosecution and the police statement concerning D;

1. A complaint (including attached documents);

1. Application of Acts and subordinate statutes to investigation reports (informating the amount of damage submitted by suspects, deposited account details);

1. Article 347(1) of the Criminal Act, comprehensively including relevant legal provisions and choice of punishment, leads to the confession of the defendant for the reason of sentencing choice of imprisonment with labor, and the defendant had no previous criminal record prior to the instant case. However, the amount obtained by deceit of the instant case is large to KRW 105,630,00, and the said amount is a victim’s mother and her mother who was in custody and her mother’s birth are lending money to the defendant through a variety of false statements.

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