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(영문) 서울중앙지방법원 2013.06.20 2012고단6510
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Around July 13, 2011, the Defendant made a false statement to the effect that he would repay the money to the victim E with the deposit money for an apartment house that he / she lives in Seoul if he/she borrowed money to the victim E by telephone.

However, in fact, the defendant had no intention or ability to repay money to the victim by disposing of apartment buildings within one week because of gambling power.

Ultimately, the Defendant, by deceiving the victim in such a way as above, prevented the victim from raising interest on the following day, received 28.5 million won from the victim to the Defendant’s account, and acquired it by deceit, and acquired 489,800,000 won in total from the above date and time to September 15, 2011, as indicated in the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of the accused by the prosecution (including the E substitute part);

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crime;

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

1. Article 62 (1) of the Criminal Act: Suspension of execution (no same kind of force, agreement, reflect, etc.);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

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