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(영문) 의정부지방법원 2016.11.30 2016고단1879
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. On December 15, 2014, the Defendant, at the office operated by the victim C in Mapo-gu Seoul Metropolitan Government (Seoul Mapo-gu) around December 15, 2014, made a false statement that “the Defendant would make a trip business and make profits.” However, if the Defendant borrowed five million won at present, then he would make a full repayment before the Gu administration.” However, the Defendant did not have any intention or ability to make a full repayment even if he did not properly operate the business and borrowed money from the victim.

The Defendant, by deceiving the victim as such, received five million won from the victim to the bank account under the name of the Defendant on the same day.

2. On January 18, 2015, the Defendant made a false statement to the victim C at a coffee shop located in Mapo-gu Seoul Metropolitan Government Joint-dong, stating that “If it is known that the three big Korea stocks, a vehicle company, have developed the fuel reduction device at the present rate of KRW 2,000 per share, up to KRW 5,00 per share, 5 million per share, and if a fuel reduction device is attached to a vehicle, it is possible to reduce fuel at a rate of 40% or more, which would be attached to the vehicle.” However, in fact, the Defendant thought that the amount received from the victim was used for the payment of card price, etc., and the said big Korea did not have developed the fuel reduction device, but did not have any intent or ability to purchase the said three big Korea stocks, or to attach the fuel reduction device, even if it received the money from the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim’s bank account under the name of the Defendant on January 19, 2015, and acquired KRW 10 million in total from January 21, 2015 and KRW 5 million from January 21, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement regarding C;

1. A complaint;

1. Details of account transactions;

1. Application of the law of specification of transactions 1.

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