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(영문) 서울서부지방법원 2013.08.13 2012고단1013
사기
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Criminal facts

On November 2010, the Defendant came to know in the Middleman society, and asked to inquire about whether he can borrow business funds only for two weeks, the lease vehicle operated by the Defendant, as security.

However, in fact, since the above vehicle is owned by a lease company, the defendant did not have the right to provide the vehicle as security, and even if he/she borrowed money from another person, he/she did not intend to pay the money on the date of the promise.

D At the request of the defendant, at around that time, the victim G was introduced to lend money to the defendant under the above conditions, through the pre-paid F, and around November 29, 2010, around 22:00, at the I coffee shop located in Gangnam-gu Seoul Metropolitan Government H, and the victim G was met with F.

D) The Defendant asked the Defendant, who was waiting in the J coffee shop, to take advantage of money by calling to the Defendant at that shop, and asked whether to take out money. D was finally taking advantage of the above scambry car which was set up in the coffee shop with the victim and F. After examining the above scams car which was set up in front of the coffee shop, and then the Defendant asked the victim the next scam which was received from the Defendant in advance.

The Defendant deceptioned the victim by the foregoing method, and received from the victim a remittance of KRW 48 million from the new bank account under the name of the Defendant for the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and F;

1. Entry of a part of the suspect examination protocol into the defendant prepared by the public prosecutor;

1. Application of the relevant Acts and subordinate statutes to the protocol of statement of G, F, and D prepared by the prosecutor;

1. Relevant provisions of the Criminal Act, Article 347 (1) of the Criminal Act of the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and fines (the fact that the victim does not want punishment by mutual consent after recovering certain amount of damage and

1. The Criminal Act to attract a workhouse;

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