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(영문) 서울남부지방법원 2019.05.08 2017고단6280
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 9, 2014, the Defendant subscribed to three units, 3, 4, and 13, respectively, in the Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City B buildings and C Victim D offices, and in the 20 million won number system operated by the victim.

However, the Defendant did not have a fixed revenue, and since November 2013, when he joined a large number of accounts indiscreetly, and around 2014, the Defendant was required to disburse the mutual aid money with a total of KRW 170 million per week, and the Defendant disposed of most of KRW 170 million in cash, which was inherited by his spouse, and did not have any property. From November 201, 2014, the Defendant received the mutual aid money by opening an additional order in front of other accounts and planned to pay the mutual aid money in advance, and the Defendant did not have any intent or ability to pay the mutual aid money normally even if he subscribed to the victim’s mutual aid.

Nevertheless, the Defendant, by deceiving the victim as above and receiving KRW 20 million from the victim around December 23, 2014, as well as from that time until March 17, 2015, acquired property benefits by obtaining a total of KRW 54,750,000 from 25 times as shown in [Attachment Table Nos. 1 through 19] from the time to March 17, 2015.

Summary of Evidence

1. Partial statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Copies of the accounting books and the accounting books (No. 8 of the evidence list);

1. Application of the law to the financial transaction information reply and full certificate of registered matters [the criminal defendant denies the criminal intent or partial amount, but considering all the circumstances acknowledged according to the evidence mentioned above, such as whether the defendant's fixed income, financial status, and numbers and scale of the amounts actually joined simultaneously and simultaneously, criminal facts including the criminal intent of defraudation are sufficiently recognized]

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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