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(영문) 서울중앙지방법원 2013.11.21 2013고단2969
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 28, 2012, the criminal defendant against the victim C made a false statement to the victim C, stating, “The victim C shall be repaid at KRW 32,00,000 after one month, if the scam is lent 30,000,000 won.”

However, the defendant did not have any other income than 4 million won monthly income, and there is a need to pay 5 million won per month interest on personal debt, card price, factory rent, etc., and even if he borrowed money from others, he did not have any intention or ability to pay it.

The Defendant received from the victim the amount of net money equivalent to 30 million won at the market price as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

2. Around October 13, 2012, the Defendant against the victim F made a false statement to the victim F at the gold industry store operated by the Defendant located near H station located in Ansan-si G in Ansan-si in Gyeonggi-do, stating that “I would buy gold at any time.”

However, in fact, the defendant did not have any other income than 4 million won monthly income, and there is no intention or ability to purchase a gold even if he received a purchase fund from the victim because it is difficult to pay the amount of KRW 5 million every month due to funds, card price, factory rent, etc. for personal debts of KRW 60 million.

The Defendant received 2.3 million won, around October 15, 2012, from the victim, for the purpose of purchasing gold, from the victim; 500,000 won around October 24, 2012; 1 million won around November 12, 2012; and 3 million won around November 24, 2012, respectively.

Accordingly, the defendant was given property amounting to 6.8 million won by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to F and C

1. Relevant provisions of criminal facts: Article 347 (1) of the Criminal Act;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution:

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