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(영문) 서울북부지방법원 2016.04.01 2016고단128
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On October 30, 2008, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution in Seoul Western District Court, and the same criminal records are two times more.

【Criminal Facts】 The Defendant became aware of the Victim C (Appointment Soldiers) while serving military service in the 7th Army Team at the Army around 1994.

On July 8, 2014, when the Defendant was unable to gambling any more because all of the money he had been gambling at a casino around Makao on or around July 8, 2014, the Defendant called the phone to the Defendant and held the Defendant with the claim of USD 2,500,000 ($ 370,000,000,000) that he would be entitled to receive from the land, and there is a need for expenses and fees to recover and exchange the claim, and therefore, 2% interest per month would be paid if he borrowed money.

“The phrase “ was false.”

However, in fact, since the defendant was gambling in Makao, there was a need to pay money for gambling, and there was no claim for 2.5 million red be received from the arbitra, and there was no intention or ability to pay money even if he borrowed money from the injured party without any special property.

On July 8, 2014, the Defendant: (a) by deceiving the victim; (b) received money of KRW 25 million from the victim to the new bank D’s account (transfered account) designated by the Defendant on July 8, 2014; and (c) received delivery of KRW 320,140,000,000 from that time on 44 occasions, in the same manner as the list of crimes in the attached Table, from July 22, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. The applicable Article of the Criminal Act as to the crime and Article 347(1)(a) of the Criminal Act’s provision regarding the selection of punishment shall be applied to a single crime according to the Defendant’s single criminal intent, the deceptive act committed at short intervals of a short term, the pattern of similar act, etc. (see, e.g., Supreme Court Decision 97Do508, Jun. 27, 1997).

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