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(영문) 서울남부지방법원 2020.12.09 2020고단4485
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around November 22, 2019, the Defendant made a false statement to the effect that “When domestic costs are expected to exceed KRW 20 to KRW 30 billion, the Defendant would first repay KRW 30 million until December 16, 2019 and repaid the remainder by January 20, 2020” to the victim D’s office located in Yangcheon-gu Seoul Metropolitan Government.

However, the defendant did not have any intention or ability to repay according to the promise even if he borrowed money from the victim.

In the end, the Defendant deceivings the victim as above and obtained 65 million won from the victim, thereby deceiving the victim.

Summary of Evidence

1. To pay police statements on the defendant's legal statement D, and to report on the investigation (to telephone conversations G), investigation report (to make a criminal investigation report (to telephone conversations of a reference witness I), investigation report (to telephone conversations of a reference witness J), investigation report (to make a criminal investigation report (to telephone conversations of a reference witness K), investigation report (to make a criminal investigation report on telephone conversations of a reference witness K)

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

1. Although the crime is not good in light of the means and methods of the crime of sentencing under Article 62(1) of the Criminal Act, the crime is not committed and the amount of the fraud is considerable, and the defendant has a record of being punished for the same kind of crime, the confession of the defendant is made by the defendant, the victim does not want the punishment against the defendant by agreement with the victim, and all the kinds of sentencing conditions including the defendant's age, character and conduct, environment, motive and circumstance of the crime shall be determined as

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