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(영문) 서울북부지방법원 2014.11.07 2013고단2511
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

around July 2010, the Defendant introduced the Victim E through Dozin D, and provided the 30 million won number system operated by Dozin F, and the victim returned the sum of the 1,500,000 won per month from July 15, 2010 to January 15, 2013 to 1.5 Doctrine to join the above number fraternity (30,000 won per month from July 15, 2010 to January 15, 2013). However, since the Plaintiff was refused to subscribe from Doctrine, the Defendant paid the sum of the 1,50,000 won to Doctrine’s account each month from July 2010 to September 20, 2010.

Accordingly, on September 15, 2010, the Defendant called the victim at a place in the end of 2010 and made a false statement to the victim to the effect that the Defendant would give him 38,100,000 won of the fraternity, including interest, at the first place on January 31, 2013.

However, the Defendant had three accounts of the above No. 3, 17, 19, and the intent of the Defendant to receive the entire amount of the three accounts, and there was no guidance that was given from the previous state to the third one. Therefore, even if the Defendant received money from the victim until December 2012, there was no intention or ability to deliver the said money to the victim 31.

Nevertheless, the Defendant deceptioned the victim as above and received from the victim the sum of KRW 30 million from September 29, 2010 to December 17, 2012 from the Defendant’s G and husband H accounts in the name of 30 times, from September 29, 2010 to December 17, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, D and F;

1. A specification of transactions;

1. A certified copy of the I apartment register;

1. Application of Acts and subordinate statutes on account details;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The fact that the full amount of money obtained by defraudation is deposited for the purpose of victim under Article 62 (1) of the Criminal Act, and that there is no criminal record after August 2006.

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