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(영문) 서울중앙지방법원 2013.12.26 2013고단5527
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Since the Defendant became aware of the Victim E (n.e., 31 years of age) (n., who was called for counseling due to marrious marriage, etc. on June 17, 2012 while working as a counselor on the “D” website operated by C, the Defendant received KRW 11,656,00 in total with trust from the victim from around July 2012 to around July 11, 2012.

The Defendant, around July 11, 2012, in the Defendant’s office located in Jongno-gu Seoul Jongno-gu Seoul, used the victim’s core situation expected to obtain money from the victim, and received money from the victim to the national bank account in his/her name on July 2012, 201, by saying, “Around July 11, 2012, the Defendant is able to pay money to the police officer up to the police officer at the latest and late October 2012, 35 million won. I do not know that he/she did not want to know that he/she would help him/her, and if he/she became aware of money, he/she will be able to obtain money so far.” The Defendant received money from the victim to the national bank account in his/her name on the same day as that of G on the same day.

However, in fact, the Defendant did not have the ability to defend the traffic of the victims, and there was no particular property in the name of the Defendant. In particular, the language style was not successful in Korea, and it was difficult for the general public to win the language style within a short period and to punish a large amount of money due to the fact that it was difficult for the general public to win the language style within a short period of time. Therefore, there was no intention or ability to repay to the victim on the agreed date.

Accordingly, the defendant was given 35 million won by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the substitute part);

1. Details of transactions (33) of the defendant, data submitted by the defendant (34) and details of deposit transactions in the name of his/her father and G;

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