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(영문) 서울북부지방법원 2016.11.15 2016고단3772
사기
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 23, 2012, the Defendant sentenced the Seoul Northern District Court to two years and two months of imprisonment for fraud, and completed the execution of the sentence in Seongdong-gu District Court on March 9, 2014.

1. On October 8, 2015, the defrauded presented a bill that could not be used as if the Defendant had the ability to repay, even if the Defendant had a personal obligation of KRW 50,000,00,000 and the Defendant borrowed money due to the absence of certain income, and had the victim K borrow money from the victim K.

On October 8, 2015, the Defendant stated that “If the purchase price of the scrap metal is urgently required and this bill can be repaid immediately if it is repaid, it would be possible to repay it until October 15, 2016,” the Defendant would be liable to repay it until October 15, 2016.”

The Defendant received 16 million won from the victim as the borrowed money on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 24, 2016, around February 24, 2016, the defrauded presented the Defendant’s fake bill at the place indicated in paragraph (1) as stated in paragraph (1), and as indicated in paragraph (1), and the Defendant falsely stated that “The sum of the two million won loaned to the Defendant’s loaned to the Defendant on a one-time basis until March 2, 2016, would be repaid by not later than the end of February 2, 2016.”

The Defendant received KRW 2 million from the victim as the borrowed money on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of K;

1. A copy of a document evidencing cash (Nos. 9, 10);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

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

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