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(영문) 서울서부지방법원 2016.09.23 2016고정958
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On November 4, 2015, the Defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court, and the judgment was finalized on January 13, 2016.

[2] The Defendant: (a) visited the victim at the “E” restaurant operated by the victim D in Eunpyeong-gu Seoul Metropolitan Government around 2007, after the first interview of the victim; (b) visited the above restaurant; and (c) is a doctor who has a child in the U.S.; and (d) is currently in a lawsuit for the division of the entire wife and the property.

The term "a person who is a married person and well-known in the country," was falsely called "a person who is a married person," and became a school with the victim on the premise of marriage with the victim.

The defendant around July 201, at the above restaurant around 2011, the head of the Tong in which the victim "in the process of the division of the inside and the property, 7 billion won, and 5 billion won are in the process of the division of the inside and the property, is bound due to the lawsuit.

B. At the end of the lawsuit, I would like to provide a part of the money to thener.

The phrase “ makes a false statement.”

However, the Defendant was retired from an elementary school with a final academic background, was disqualified from office, and the divorce with the former wife was never conducted, but the reason for divorce was to receive a basic pension, and there was no account in the name of the Defendant with a KRW 7 billion and KRW 5 billion. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to partially withdraw money from the account in the name of the Defendant and to reduce the victim.

Around July 21, 2011, the Defendant: (a) by deceiving the victim as above; (b) received KRW 5 million from the injured party to the Defendant’s Han Bank account as the borrowed money; and (c) received KRW 15 million,00,000 from around that time to October 18, 201, in total, five times in the same manner as indicated in the list of crimes in attached Table, as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Account transactions;

1. Previous convictions in the judgment: A criminal investigation report (the attachment of the judgment and the confirmation of whether concurrent crimes are concurrent crimes after Article 37) shall apply.

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