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(영문) 서울중앙지방법원 2016.04.28 2016고단669
사기
Text

Defendant

B A person 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

The Defendant (the co-defendants of this case, hereinafter the same shall apply) and the church conspiredd to obtain money by accessing the victim F who met with A (the co-defendants of this case).

around November 20, 2014, at the defendant's house of Dongjak-gu Seoul Metropolitan Government apartment G 202 Dong 1903, A may receive a large amount of interest every month from the victim "B (Defendant)".

Family members of the same household and B have received interest from B in return for money.

“Falsely speaking,” and the Defendant is receiving interest by lending money to the victim’s family members.

If the principal is returned to another person, it is not clear that it can be returned at any time.

“Falsely speaking,” and its affiliation received KRW 100 million from the damaged party’s account on November 20, 2014.

However, even if you receive money from the injured party, A has no intention or ability to return the interest or the principal to the injured party.

As such, the Defendant conspired with A to deceiving the victim and received KRW 100 million from the victim.

Summary of Evidence

1. Each legal statement of the defendant and A;

1. Protocols concerning the examination of suspects of the accused and A by the prosecution;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to each Korean bank transaction statement;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. The summary of the charges against Defendant A (the summary of the charges against Defendant A) dismissing the indictment under Article 62(1) of the Criminal Act (i.e., the confession and rebuttal, the acquisition of profits by the crime, the absence of profits by the victim, the fact that the victim who agreed with the Defendant does not want the punishment against the Defendant, and the initial crime) is as follows. As stated in the above criminal facts, Defendant A acquired KRW 100 million from the victim in collusion with Defendant B.

A crime of fraud is a relative who does not live together with the victim and can be prosecuted only when the victim files a complaint (Articles 354 and 328 (2) of the Criminal Code).

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