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(영문) 서울중앙지방법원 2017.07.20 2016고단8300
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to two years of imprisonment with prison labor for the crime of acquiring stolen goods by the Seoul High Court on October 11, 2013, and the execution of the sentence is terminated at the Ansan Prison on November 18, 2014, and on November 14, 2014, the Seoul High Court sentenced three years of suspended execution to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul High Court on November 14, 2014, and is currently under the grace period.

[2] On September 9, 2015, the Defendant: (a) filed a report with the Busan Regional Police Agency on November 9, 2015 to the effect that the Defendant possessed approximately 0.2 grams of the Mesca Mescamins who were 0.2g of the Victim B from the Defendant on September 2015, and is bound by the crime related to the receipt of narcotics; and (b) borrowed money to the victim without any intent to repay; and (c) obtained money from the victim by fraud; and

1. On November 11, 2015, the victim phoneed the victim who has engaged in the same lending business at an irregular place, and engaged in ordinary money transactions, and falsely called “on the part of the victim, if the funds related to the balance-certified loan business are lent KRW 70 million in the amount of money shortage, he/she shall immediately repay the funds.” This member receives money KRW 70 million from the victim to the Defendant’s C deposit account on the same day on the same day;

2. On the 15th day of the same month, at around the Gangnam-gu Seoul Metropolitan Government D D D', the victim's loaned KRW 30,000,000 to 70,000,000,000,000,000,000 won first borrowed from the victim to the next day of the 100,000,000,000,000 won was remitted from the victim to the deposit account of the above victim on the 15th day of the same month.

Accordingly, the defendant acquired a total of KRW 100 million from the damaged person.

Summary of Evidence

1. Statement made by the prosecutor with respect to B;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Complaint;

1. Two copies of a copy of a bankbook, details of the F transaction, and the closure of a letter;

1. Copies of seizure records and lists;

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