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(영문) 서울서부지방법원 2018.11.23 2018고단489
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 29, 2014, the Defendant joined the victim D office located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, No. 16, 16, and 21,000,000 won for each unit of the Gu, respectively.

However, the Defendant did not have any particular asset in the name of the Defendant, and was in bad credit standing from around 2002, and invested about 200 million won in multi-stage projects, etc., but was unable to recover the principal and profits from around April 2014. As a result, from around December 2014, the Defendant spent approximately KRW 30 million for each share of money as a result of imprudent accession to a large number of accounts, and the Defendant received a fraternity by opening an additional order in front of other accounts due to lack of ability to pay the fraternity, and then planned to “prohibit a return” to pay the previous fraternity, and the Defendant did not have any intent or ability to pay the fraternity normally even if he subscribed to the fraternity of the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 21,00,000 from the victim on February 9, 2015, under the pretext of a guidance for the said 1 unit; and (c) obtained a total of KRW 495,050,000 from around that time to April 13, 2015 from around 23 times, as shown in the attached Table of Crimes, from around that time to around April 13, 2015, and acquired it by deception under the pretext of a financial deposit.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Determination on the assertion by the Defendant and the defense counsel as to each copy of the books of account, the statement of current status of fraternity prohibition, account transaction details, account transaction details (A), account transaction details (E), and account transaction details (A)

1. The summary of the argument is that the defendant has joined a large number of accounts by the right to force of the victim, and there is no deception by the victim, and there is no economic difficulty at the time of joining the account, and there is no intent and ability to pay the money for the account of considerable property, and therefore there is no intention to commit

Also, 60-70% per annum from the day after receipt of the guidance of the number system.

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