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(영문) 서울남부지방법원 2014.11.05 2014고단2122
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, along with C (personally infinites), stated D with C, who was aware of it as if he had his own refinites, and was willing to receive money from the victim E through D and obtain money from the victim.

C around October 2013, at G coffee shop located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, stating that “The victim has several 50,000 won in custody, and 3 billion won is required to pay 30,000 won in order to pay the money, 1.5 billion won shall be paid until October 30, and 60 million won shall be paid at the same place on October 25, 2013, and the defendant issued a letter of performance stating the above contents to the victim at the same place.

However, the defendant and C did not have a clear occupation, and they did so with a 50,000 won in custody of the victim. However, even if they borrowed 30,000 won from the victim, they did not have the ability or intent to repay it.

After all, the Defendant conspired with C, thereby deceiving the victim, and then deceiving the victim on the 18th day of the same month, and acquired 30 million won in total by receiving 25 million won on the 25th day of the same month from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of suspect interrogation of the accused by the prosecution (including the part concerning the statement of D, H, and E);

1. A protocol concerning suspect examination of D;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (amended by Presidential Decree No. 10060, Jan. 1, 2007) is that the victim is not sufficiently responsible for the occurrence of crimes or the expansion of damage (the decision of sentence) in the area of mitigation (1-1 year) of types of general fraud (less than KRW 100,000) (special mitigation).

C An accomplice takes the lead in committing the instant crime, thereby resulting therefrom.

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