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(영문) 서울북부지방법원 2019.09.25 2018고단2468
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. The Defendant: (a) from January 20, 2016 to January 20, 2016 at the J cafeteria operated by Dongdaemun-gu Seoul Metropolitan Government Victim H

6. up to 18. A person who was on duty as a manager.

Defendant for the same year

6. 14. At the above restaurant, the victim proposed that “The unit price will be reduced if the machine is purchased with a container, and there will remain a lot of profits. As there is a place in the container, I would first put the down payment, I would like to find out how to send money.”

However, in fact, the defendant did not think that he would pay the bonds rapidly due to the demand for the bond, but did not think that he would use them as the down payment for the purchase.

Accordingly, the Defendant, by deceiving the victim, received 20 million won from the victim to the L Bank Account in the name of Non-Indicted K used by the defendant on the same day.

2. On the 16th day of the same month, the Defendant asked the above victim to lend money to the above victim “on the ground, he can sell the land, so he can repay money to this month.”

However, in fact, the defendant did not have any assets due to the demand for bonds, and even if he borrowed money from the victim, he did not have the intent and ability to repay it.

Accordingly, the defendant deceivings the victim, and let the victim take over the above account on the same day, 3 million won, and 2 million won on the 17th of the same month.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Police suspect interrogation protocol of the accused;

1. The police statement of H;

1. A list of transactions;

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

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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

1. Reasons for sentencing under Article 32(1)2 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (the scope of liability for compensation is not clear, such as the difference between the amount instituted by the court and the amount claimed).

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