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(영문) 수원지방법원 2016.04.20 2014고단1707
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant of "2014 Highest 1707" is a non-speed person.

1. Around May 23, 2012, the Defendant: (a) asked the Victim F (E) who was aware of and consulted about the wife E’s ear son’s ear Y, a mental fissionr under the Seocho-gu Seoul Metropolitan Government Seocho-gu Da apartment 1, 606, and (b) around May 23, 2012; (c) “E is ear, and it can be said that she completed the contract for the redemption of retirement by up to three days.

“A false statement” was made.

However, the victim's wife E was a mentally divided patient, and the defendant did not have the ability to distinguish whether E was a earer, and it did not have the intention or ability to lower the amount of money so long as E had not been able to do so through the exercise of the right to receive the payment. However, it was thought that E was able to receive money from the victim due to the ice of the right to receive the payment of money.

As such, the Defendant, by deceiving the victim, was given KRW 30 million in consideration of the expenses for the surrender of the same day.

2. From around 11:00 on May 29, 2012 to around 03:00 the next day, the Defendant: (a) brought ear to the body of the victim E (n, 60 years old) at the time of the Plaintiff’s transfer to H University located in Seongbuk-gu, Seongbuk-gu, Seoul; (b) brought about ear to the body of the victim E (n, 60 years old); and (c) when the victim, etc. was released from the right of the transfer to the Defendant’s hand, the Defendant inflicted an injury on the victim, such as chrode and tension, which requires approximately two weeks of treatment on the part of the Defendant.

On November 9, 2012, the Defendant made a false statement to the Seoul Seodaemun-gu Seoul Western District Court that “Around November 9, 2012, the Defendant would return the deposit to the victim upon the expiration of the contract term of KRW 20 million in the amount of KRW 30 million per J,” and that “A victim C will return the deposit upon the expiration of the contract term of KRW 20 million.”

However, the fact did not have the intention and ability to return the money even if the victim received the money as the deposit.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the damaged party.

Summary of Evidence

"2014 Highest 1707"

1. Partial statement of the defendant;

1. Each legal testimony of the witness F, L, M, and N;

1. Each police statement made to F, L, M, N, orO;

1. The details of remittance "2014 Highest 7174";

1. Partial statement of the defendant;

1. Legal testimony of the witness C;

1. Each protocol of the police statements with respect to C.

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