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(영문) 서울중앙지방법원 2016.05.26 2015고단6505
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant extended money to the victim C in early 2000 as "A, who is a professor in France, and the person is in need of a lot of money in recent accidents, d. B. I will deliver the money well on the face of the sending of the test.

After the phrase “I sent a text message to the effect that “I lend money to the victim because there is an urgent place” as “E”, the victim sent a text message to the effect that “I wish to lend money.”

However, since D is a virtual merchant created by the defendant, D has no choice but to lend money to the victim.

Defendant deceiving the victim as above and received KRW 1,150,00 from the victim on March 24, 200 to the Seoul Bank account under the name of the Defendant, as a loan from D around March 24, 2000, and received KRW 127,632,200 in total over 130 times from November 22, 201, as shown in the attached list of crimes, from then to November 22, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement by each prosecutor with respect to C;

1. Account transactions;

1. Each investigation report (verification as to whether a suspect is in office in the office of Japan in the Republic of Korea, reply to Korea, review of the statement of transactions submitted by a suspect, analysis of transaction details submitted by a person being submitted, submission of additional data, such as account transaction details used by the accused, submission of additional data, such as account transaction details by the complainant, bank account holder G, telephone conversations with the depositor, mobile analysis results, results of investigation by the account holder of the account alleged that the suspect was transferred to D, submission of the entire text messages by the complainant, as a result of investigation by the other party of the account holder claiming that the suspect was transferred to D); and application

1. Article 347 (1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor under Article 347 of the Criminal Act and the choice of applicable laws and punishment for the crime

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 32(1)3, Article 32(2), and Article 25(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation.

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