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(영문) 서울남부지방법원 2014.12.19 2014고단3889
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 23, 2014, the Defendant told the victim D to the effect that, at the coffee shop of the first floor of Geumcheon-gu Seoul Metropolitan Government, “The Defendant is engaged in the work related to the laundry of non-political rights, and may pay a lot of profits by washing up KRW 50 million from the non-political fund to KRW 3 billion, a week. The Defendant shall grant profits of KRW 200 million within 2 weeks, and if it is well known, he shall return the above KRW 50 million to the party account after this period.”

However, even if the defendant received the above money from the victim, he did not have the intention or ability to pay KRW 200 million.

On April 28, 2014, the Defendant acquired 50 million won from the victim through the bank account (Account Number E) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. The police statement concerning F;

1. Each investigation report (G statements, etc.);

1. Application of Acts and subordinate statutes to copies of passbooks and deposited text messages;

1. In the case where the victim is fully responsible for the occurrence of a crime or the expansion of damage (decision of sentence) for six months (decision of sentence), in the case where the victim is also liable for the occurrence of a crime or the expansion of damage for the victim, six months (including the fact that no recovery of damage has been made, the victim is also responsible for the occurrence of a crime or the expansion of damage, and the victim has no criminal record of a fine exceeding the fine) in general fraud (the scope of recommendation).

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