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(영문) 서울남부지방법원 2014.12.19 2014고단1503
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around September 2011, the Defendant made a false statement to the victim C, stating, “The Defendant may make efforts to sell his/her shop in the troke shop in Jung-gu Seoul, Jung-gu, Seoul, to the victim “........, the Defendant would have made efforts to pay, arrange, etc. necessary expenses.”

However, the defendant did not have the intention or ability to allow the victim to move in the above commercial store.

The Defendant received KRW 2 million from the victim to the National Bank Account (E) account in the name of the Defendant’s father-child on October 13, 201 of the same year, and continued to receive KRW 6 million in the name of the deposit money from October 30 of the same year, and received the remittance of KRW 20 million in the name of the deposit money from November 16, 201.

Accordingly, the defendant was given a total of KRW 28 million by deceiving the victim.

2. On November 6, 2011, the Defendant made a false statement to the said victim C, stating that “A person shall pay off money if he/she lends money to him/her immediately necessary.”

However, the defendant did not have any fixed income or particular assets, while he did not have any intent or ability to pay off money even if he borrowed money from the victim because he did not have any personal debt equivalent to a million won.

The Defendant received KRW 1 million from the victim, i.e., the Defendant’s transfer from the victim to the national bank account (G) in the name of the Defendant’s friendship F with the Defendant’s payment, and received KRW 1 million from the said D account continuously, and received KRW 1 million from the said F account on November 17, 199.

Accordingly, the defendant was given a total of 3 million won by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of examination of witness regarding C;

1. Examination protocol of the accused by prosecution;

1. Although the defendant did not have a criminal intent to acquire by fraud in each transaction statement, he/she denied the charges, the victim transferred 26 million won in total as the deposit for commercial buildings.

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