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(영문) 서울서부지방법원 2019.01.24 2017고단2938
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, around April 28, 2016, at the office of the Dispute Resolution Co., Ltd. in the Eunpyeong-gu Seoul Metropolitan Government 9th floor of B building, lent the card to the victim D, so he/she must pay the card in the Gu, so he/she shall be flicked, so he/she shall be flicked, so he/she shall return to the United States on May 10, 2016.

‘A false statement' was made.

However, in fact, even though the defendant had worked as an insurance solicitor at the time, there was no regular income, and there was no special property in the status of obligations of 200 to 3 million won, and the land owned by the defendant's mother's shares was seized, and even if he borrowed money from the victim as security due to a clear situation where it was impossible to obtain a loan as security, he merely thought that he would have consumed it as the cost of living, and did not have the intention or ability

As above, the Defendant, by deceiving the victim, received cash of KRW 4.3 million from the victim on the same day as the loan money, and acquired KRW 700,000 through the E-bank account (F) in the name of the Defendant, by deceiving the victim and defrauding KRW 5 million in total.

In addition, from around that time to January 9, 2017, the Defendant acquired a total of KRW 2,876,00 from the victims on a total of eight occasions, as shown in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Written confirmation of details of transactions of deposit and withdrawal, transfer statement, a certified copy of the real estate register, and suspect accounts;

1. Application of Acts and subordinate statutes to criminal investigation reports (attached to materials submitted by suspects);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes: It is not good to the nature of the crime in light of various fraudulent methods and contents mobilized by the defendant for the purpose of acquiring money from the victim several times.

The victim did not return the amount of damage to the victim and the victim wanted to punish the defendant.

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