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(영문) 서울중앙지방법원 2017.09.08 2017고단1507
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 10, 2013, the Defendant is suffering from the Defendant’s office of the branch office of Saak Life in Dongjak-gu Seoul Metropolitan Government, and the Victim C is suffering from the KRW 50 million with respect to the apartment deposit in the branch office of Saak Life.

B. In the last 1st order, when the deposit is received, the deposit was distributed from the first order holder.

A loan shall be repaid with money deposited.

“......”

However, at the time, the Defendant had a claim for the deposit related to the lease deposit, but the actual amount of the deposit is not more than 5 million won, and the fixed income is an average of 2 million won per month, while the amount of the debt to the financial institutions and bond holders has reached the amount equivalent to 50 million won per month, and there was no other specific property. Therefore, even if the Defendant borrowed money from the damaged person, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim as such, received 11,60,000 won in total from the victim to November 13, 2013 on seven occasions, as indicated in the attached Table No. 1, 3, and 8, from around June 11, 2013 to from around November 13, 2013, by transfer from the victim to the national bank account in the name of the Defendant, and acquired the same amount as indicated in the attached Table No. 200, July 10, 2013, by forcing the victim to pay the Defendant’s indemnity liability of KRW 8,852,670 on the Defendant’s Seoul Guarantee Insurance Co., Ltd., thereby obtaining property gains equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Partial statement of the protocol concerning the examination of the suspect by the prosecution against the defendant (including theC statement);

1. Statement made to C by the police in the protocol; and

1. Details of transactions and each description of the process deed;

1. Application of the Acts and subordinate statutes stated in the investigation report (verification, etc. of suspect credit reports);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The Criminal Act, the suspension of execution;

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