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(영문) 서울동부지방법원 2013.09.12 2013고단1572
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 40,854,370 won to an applicant for compensation.

The above compensation order shall be.

Reasons

Punishment of the crime

1. On December 13, 2011, the Defendant: (a) false statement that “The Defendant was in the process of the present trial that he was able to obtain a lot of legacy from her own; (b) would have received a legacy upon the end of the trial; and (c) would have received a legacy by inheritance at the end of the trial.”

However, in fact, the victim borrowed money from the victim and partly repaid the other debt and used it for the cost of living, there was no fact that the father received a miscarriage from his father or did not proceed with the inheritance trial, and even if he borrowed money from the victim without any particular income at the time, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim as such, received 4.2 million won from the victim to the national bank account under the name of the Defendant for the purpose of borrowing money from the victim, and received 39,842,200 won in total from around that time to July 15, 2012, as stated in the attached list of crimes, from around 116 times to around 116 times.

2. On February 2012, the Defendant made a false statement to the victim who seeks to terminate the mobile phone in the victim C’s residence on or before the date of the mobile phone use fee, stating that “The victim would use the mobile phone and pay the fee without a mold.”

However, even if the victim borrowed a mobile phone from the victim, there was no intention or ability to pay the mobile phone use fee due to the above reasons.

The defendant deceiving the victim as such and received a cell phone from the victim, that is, the victim's seat, and the same year from that time.

7. Until the end, the aforementioned mobile phone was used and the amount of KRW 2,012,170 was not paid, thereby acquiring property benefits equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Three times against the defendant;

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