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(영문) 서울남부지방법원 2016.01.29 2015고단4916
사기
Text

A defendant shall be punished by imprisonment for six 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 February 19, 2013, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution due to a violation of road traffic law at the Seoul Southern District Court on February 19, 2013, and the said judgment became final and conclusive on the 27th of the

After the Defendant received 55 million won as a security loan from gold-backed life insurance, the Defendant transferred 50 million won out of total of 110 million won to the gold-backed life insurance, and then notified the son B (the 40 years old) who was the lessor of the transfer of the claim after the transfer of the claim. As such, the Defendant was unable to receive the refund from the injured party at the expiration of the lease contract.

Nevertheless, the Defendant had experienced economic difficulties due to personal liabilities, etc., and the above KRW 55 million, on behalf of the victimized person, was aware that he would repay to the gold life insurance instead of the victimized person, and was aware of the balance of the deposit from the damaged person by taking the deposit money into consideration.

Accordingly, the defendant called the victim on November 25, 2009 and sent the victim's telephone to the victim "on the 5 p.m., the gold life insurance partner, and the pre-tax deposit to be paid to the side of gold life insurance is delivered to the side of gold life insurance.

The phrase “ makes a false statement.”

On the same day, the Defendant received 30,037,440 won, which is the balance of the deposit, from the injured party, through D, the wife in the mutual influent intermediary in Yangcheon-gu Seoul Metropolitan Government.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning B of the protocol concerning the interrogation of the suspect against the defendant by the prosecution

1. Copy of the notification of transfer of claims;

1. Copy of a receipt;

1. The lease contract;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Sentencing Article 62-2 of the Criminal Code of the Social Service Order.

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