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(영문) 서울중앙지방법원 2019.01.31 2018고단6835
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 2017, at a place where the location is unknown, the Defendant stated to the victim B that “on the face of B, the Defendant would buy money at the store in Jongno-gu Seoul Metropolitan City, Jongno-gu C market street. In that case, the Defendant may receive more than two million won monthly payments every month.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to seek a job at the core of the C market.

As above, on December 6, 2017, the Defendant, by deceiving the victim as above, received KRW 100,000,000 in total from the victim on eight occasions, as shown in the list of crimes in attached Form 14, by deceiving the victim by the aforementioned method, and received KRW 13,00,000,000, as shown in the list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A protocol concerning the suspect examination of the accused;

1. A prosecutor's statement concerning B (including attached documents);

1. Reasons for conviction of an investigation report (a transfer certificate attached), investigation report (a transcript submitted by the complainant B), investigation report (a document attached to the account transaction statement in the name of the suspect A), investigation report (a document attached to the account transaction statement in the name of the suspect A), investigation report (a document attached to the contract for occupation and occupation in the C market), investigation report (a copy of the

1. It was true that the victim received the remaining money excluding the money set forth in Nos. 1 and 2 of the crime sight table as stated in the facts charged in the Defendant’s assertion. However, since it was believed in Chinese nationality that he may also buy the ophone, and all of the money received from the victim was paid to him, there was no intention of defraudation.

2. First of all, we examine whether the Defendant received the money set forth in the Nos. 1 and 2 of the Crimes List Nos. 1 and 2 as indicated in the judgment by the victim. In other words, the victim consistently states that he/she paid to the Defendant a sum of KRW 26 million by means of cash at the time and time set forth in the above No. 1 and 2.

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