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(영문) 서울북부지방법원 2020.10.07 2020고단1471
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 2018, the Defendant made a false statement to the victim B, who became aware of through a husband’s meeting at a non-permanent place, that “I would pay 3 side interest by means of an auction. I would like to make an investment in auction. I would make an investment of KRW 40 million.”

However, at the time of fact, the Defendant had a debt of KRW 20 million to KRW 300,000, and had been repaid in the way of referring to the principal and interest thereof, and even if having received money from the victim under the pretext of investment, there was no intent or ability to pay the profits agreed upon by the victim, since it was thought to be used for personal debt repayment and living expenses rather than auction.

On March 28, 2018, the Defendant, by deceiving the victim, received KRW 30 million from the victim to the Cbank account under the name of the Defendant on March 28, 2018, and acquired the total amount of KRW 19 million on nine occasions from that time to December 5, 2018, such as the list of crimes in attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the certificate of transaction, deposit transaction statement, certificate of deposit transaction record, certificate of deposit transaction results, electronic financial transfer statement, details of deposit and withdrawal transaction, detailed statement of financial joint network transaction, SNS dialogue, suspect C bank account inquiry statement and statement of transaction, customer information statement and statement of transaction, second execution of warrant of search, seizure and verification, investigation report (E’E’s statement’ under the nominal owner’s nominal owner’s nominal owner’s nominal title’s pre-post account hearing), investigation report (F’s nominal nominal owner’s pre-post account hearing), investigation report (Adjustment of account statement recognized by

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. From among concurrent crimes, the purpose of sentencing is to individual use, such as repayment of debt, etc., by the defendant for reasons of sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act.

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