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(영문) 서울동부지방법원 2013.09.04 2013고단1310
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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant and a private gambling establishment in the name of "C" in the Gangseo-gu Seoul Special Metropolitan City.

1. Around July 29, 2009, the Defendant made a false statement to the victim E-house in Gangseo-gun, Gangwon-do, that “A cafeteria building is located and will be repaid after several months if the Defendant borrowed money.”

However, there is no intention or ability to repay the interest of the loan to the financial institution even if it is difficult to repay the interest of the loan due to the fact that the restaurant and the private gambling establishment operated under the status of approximately a million won is not good.

As above, the Defendant, by deceiving the victim, received KRW 20 million from the bank account in the name of the Defendant on the same day from the victim and acquired it by deception.

2. On October 201, 201, the Defendant: (a) by deceiving the victim from the victim G’s house located in the Gangwon-gu Senior Policemen in the manner as referred to in paragraph (1) in the manner as referred to in paragraph (1); and (b) obtained the victim’s cash from the victim on the same day; and (c) obtained a total of KRW 10 million from the victim on February 1, 2012.

3. On February 20, 2012, the Defendant: (a) by deceiving the victim at the home of the victim I from the Gangwon-gun, Kim Chang-gun, Kim Chang-gun, 305 in the same manner as paragraph (1); and (b) obtained KRW 11.5 million on the same day from the victim and acquired it by deception.

4. On February 22, 2012, the Defendant, on the same day, by deceiving the Victim L from K real estate in the JJ of Gangwon-gun, in the same manner as Paragraph 1, remitted 18.8 million won from the victim to the bank account in the name of the Defendant on the same day. On June 30, 2012, the Defendant received KRW 10 million from the victim and acquired 28.8 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. Each complaint;

1. Application of Acts and subordinate statutes to investigative reports (the amount of damage to the complainant, specified amount of telephone communications);

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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