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(영문) 서울북부지방법원 2017.06.27 2017고단459
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is Neung-gu, Seoul, U.S. D., and the victim E is the believers of the above D.

On April 2012, the Defendant made a false statement in the above D, stating that “The Defendant would make payment immediately within two months if he/she gives two or more interest to the victim, and if necessary, he/she would make payment.”

However, in fact, the Defendant did not have any specific income except for the amount equivalent to KRW 5 million, which is placed in the Section D, and on the other hand, did not reach a total of KRW 420 million in arrears and paid the existing debt by lending money from others, and thus, there was no intention or ability to pay the money from the victim even if he borrowed money from others as above.

Nevertheless, on April 25, 2012, the Defendant: (a) by deceiving the victim; (b) received 50 million won from the national bank account in F’s name from the victim; (c) around April 25, 2012 from the victim; and (d) received delivery of 12 billion won in total from around that time to October 23, 2014, as indicated in the list of crimes in the separate sheet of crimes.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of the suspect by the prosecution or the police against the defendant (including the E statement);

1. Statement by each prosecutor and police officer concerning E;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of each bank transaction, a copy of a check, a letter of deposit transaction, a text of written statement, details of each account transaction, notification of seizure of claims, and credit report;

1. The defendant acquired 314.7 million won from the injured party over a long-term period from the reason for sentencing the punishment of imprisonment, Article 347(1) of the Criminal Act regarding the relevant criminal facts, Article 347 of the choice of punishment, and Article 347 of the Criminal Act. In light of the period, frequency, etc. of the crime of this case, the crime is not good, and the amount of money acquired by the defendant through the crime of this case is large, and the person who

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