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(영문) 서울남부지방법원 2017.02.28 2016고단1162
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant and the victim B were related with the victim from the end of February 2015.

The Defendant, from July 2015 to August 201, through the victim’s home located in Seoul C or the Kakao Stockholm message, is conducting video production with the victim’s “a broadcast station,” and annual sales amount to KRW 200 million.

There are many shares in the advertising agency and there are many assets and apartments that have been donated.

On October 2015, the work becomes activated. At present, money will be repaid at a rapid time when it is lent KRW 220,000 to 220,000 for the purchase of mother and child equipment.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, even if the Defendant borrowed money from the injured party, the Defendant did not intend to purchase the broadcast equipment and did not have any property with which the Defendant had any intention to use it, and was in bad credit standing, so there was no intention or ability to repay the money even if he borrowed money from the injured party.

Nevertheless, on August 18, 2015, the Defendant received 35 million won from the injured party to the Han Bank account (D) in the name of the Defendant.

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

Summary of Evidence

1. A protocol concerning the examination of the suspect by the prosecution or the police against the accused (including B statements);

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

1. Application of Acts and subordinate statutes to the details of each of the entry and departure transactions, details of account transactions, each of the applications for carbon, and the taking of the Stockholm message;

1. Relevant legal provisions concerning criminal facts, Article 347 (1) of the Criminal Act of the choice of punishment, and circumstances which are favorable for the reasons for sentencing of punishment of imprisonment: A person shall not have any criminal records exceeding the same criminal records and fine;

(k) Unfavorable circumstances: The victim has not returned KRW 10 million to the victim, and the damage has not been restored, and the person in question has received the written indictment and escaped without attending the trial;

A. Other circumstances, such as motive for crime, results of crime, and circumstances after crime.

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