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(영문) 서울중앙지방법원 2019.07.03 2019고단1762
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 670,000 won to an applicant for compensation.

The above compensation order shall be.

Reasons

Punishment of the crime

1. On November 27, 2015, the Defendant, at the Seoul Central District Court, sentenced ten months of imprisonment for fraud, and on June 15, 2016, three months of imprisonment for fraud at the Seoul Central District Court respectively. On December 25, 2016, the Seoul Central District Court completed the execution of each of the above punishment on December 25, 2016.

2. The Defendant became aware of the Victim B who was employed as a staff member of “D” while working in the contact with “D” in Mapo-gu Seoul Metropolitan Government.

Around November 20, 2017, the Defendant concluded that “D” made a false statement to the victim stating that “I need to reach an agreement with a family-friendly Gu after having an accident. If I lend money, I will use it for the agreed money of friendship and pay the principal and interest in full.”

However, in fact, the defendant did not seek money for the payment of the criminal agreement amount in the criminal case of friendship, but only had the intent to repay his/her personal debt or use his/her living expenses, and he/she did not have the intent or ability to pay his/her principal and interest as agreed to by the victim.

On November 20, 2017, the Defendant received KRW 3 million from the victim at the end of the foregoing false statement from the E Union account (Account Number:F) in the name of the Defendant and received KRW 21 million in total five times from the victim from August 17, 2018, as shown in the annexed Crime List from around August 2018.

As a result, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. A complaint, details of transfer, G message, notarial deed, list of individual rehabilitation creditors, details of account transactions, report on investigation (related to repayment of borrowed money by a suspect), and report on investigation (related to submission of details of account transactions with a suspect);

1. Criminal records as stated in the judgment: Criminal records, inquiry reports (A), investigation reports (verification of repeated crimes), judgment, and application of Acts and subordinate statutes to the status of accommodation of individuals;

1. The corresponding provisions of the Criminal Act concerning criminal facts; and

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