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(영문) 서울동부지방법원 2017.02.02 2016고단3907
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 2015, the Defendant came to know of the Victim B at the Gm clubs, and thereafter, he was a U.S. citizen, his parent was bound to build the construction business, and he is qualified as a foreign pilot.

“Along on January 2016, money was borrowed from the injured party on the one hand, which was in his or her own background and was in his or her relationship with the injured party.”

On January 28, 2016, the Defendant lost the credit card to the victim at the victim’s house located in Seo-gu, Daejeon, Daejeon, and 612, in order to have his wife married in the U.S. and to participate in the funeral.

If travel expenses are lent, it will be immediately remitted to New York as it arrives at New York.

“A false representation is made in the content.”

However, the defendant has a long distance in the United States.

There was no knowledge of the whereabouts of a woman in the U.S., and even if New York arrives, there was no circumstance to offer cash, and even if there was no certain punishment, there was no intention or ability to pay money from the injured party.

The Defendant received KRW 5 million from the injured party on the same day as the borrowed money, and received KRW 1,140,000 from the injured party on seven occasions from March 12, 2016, including the transfer of KRW 5 million from the injured party to the Defendant’s D bank account in the name of the Defendant, and received KRW 1,40,000 from the injured party on seven occasions from March 12, 2016, and paid the injured party the credit card payment of KRW 2,045,983 in total with the credit card payment of KRW 10,00,000 from the victim on ten occasions as in attached Table 2 of the List of Crimes.

Accordingly, the defendant, by deceiving the victim, received property or acquired property benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against B;

1. Account transactions and card transactions;

1. The investigation report (the investigation record);

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