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(영문) 서울중앙지방법원 2013.12.04 2013고단3243
사기
Text

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

Reasons

Punishment of the crime

Around January 13, 2012, the Defendant: (a) at the Sejong Culture Center (Seoul Jongno-gu, Jongno-gu); (b) the Defendant was not related to the management warehouse managed by the OECD; and (c) the Defendant did not have any intent or ability to foster the cash of the right even if the Defendant received money from the victim because of the lack of so-called subscription money; (d) the Victim C was under the custody of the money of the right to the management warehouse when he/she took the place as if he/she was the management personnel of the management warehouse managed by the OECD; and (e) the Defendant could use the money of 3 billion won deposited in the account; and (e) the Defendant borrowed money to request the money of 3 billion won deposited account; and (e) the Defendant borrowed money from the victim for the purpose of raising and using the money of 3 billion won deposited account.

3. Around December, 12. Around 5, 50 million won was issued and acquired by fraud.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Some of the suspect's interrogation records on the accused by the prosecution (including the whole part of C, D, F and G);

1. A protocol of partial police interrogation of the accused;

1. Application of Acts and subordinate statutes to loan certificates and written provision of financial transaction information;

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

1. The defendant asserts to the effect that the defendant is merely borrowing money from the victim upon the request of the victim that the head of the Tong is necessary to foster the money of the right to ask for the formation of the passbook in order to cultivate the money of the right to ask for the selection of imprisonment with labor and the reasons for sentencing.

On the other hand, the whole circumstances acknowledged by the above evidence, namely, the victim C introduced himself from the investigative agency to the management personnel of the OECD management warehouse from the OECD to the above court, and keeps the old money, etc. in the management warehouse, and the defendant's dual type is the head of the warehouse managed by the OECD, and it is specific and consistent that the defendant's horse was trusted and lent money to the defendant.

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