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(영문) 서울남부지방법원 2013.11.28 2013고단3403
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On October 2007, the Defendant entered into a monthly rent contract for the victim D's house located in Geumcheon-gu Seoul Metropolitan Government, and came to know of the owner with the victim, and had the victim receive money from the victim to use it for gambling funds and entertainment room operating expenses.

On March 10, 2008, the Defendant made a false statement to the victim at the above victim D’s residence, stating that “If the Plaintiff lends money to the Plaintiff that requires the start-up and material cost to build 15 households in the Gyeonggi-gun, the Defendant would offer the principal and benefit amount to KRW 125 million with the proceeds of the construction if the construction is completed.”

As such, the Defendant, as described in the list of crimes, by deceiving the victim, received KRW 12 million in cash from the victim who was in his/her jurisdiction, and obtained KRW 496,550,000 in cash, in total from around 1 to May 1, 2013, and acquired it through a bank account in the name of the wife E, one bank account in the name of the wife E, and the Defendant’s bank account.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing a sentence of selective punishment of imprisonment is that the defendant led to a confession of a crime, made a mistake in depth, and the fact that there was no criminal record except for a punishment imposed once due to the act of scambling for the past 20 years, etc. However, even though the defendant abused the victim's trust, the crime of this case requires construction costs despite that the defendant was thought to use the victim's trust as gambling funds, and when the Corporation completes construction works, it is false as if the proceeds would be reduced, and most of the above money was used as gambling funds, and most of the above money was used as gambling funds, and the crime was serious, and the crime was committed, and the damage was not fully repaid.

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