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(영문) 수원지방법원 2014.05.21 2013고단6946
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a leader who operates a number system in Seongdong-gu Seoul Metropolitan Government.

1. On October 2008, the Defendant made a false statement to the victim D that “if 40,000 won per month are paid in 250,000 won per month, 13 million won will be paid in the last sequence.”

However, from 2005 to 2008, the Defendant had no intention or ability to pay the time limit money in the last sequence, even if the Defendant had been paid KRW 10,500,000 per month to the victim with interest, etc. which was paid at a fixed rate of KRW 3.5 million, and the Defendant had no intention or ability to pay the time limit money by the last sequence, even if he received KRW 10,000,000 per month from the victim.

As above, the Defendant, by deceiving the victim as above, obtained a total of KRW 10 million from October 2008 to March 2012 from the victim, and acquired a total of KRW 40 million from around 200 to March 201.

2. Around September 2009, the Defendant made a false statement to the victim D, stating that “The Defendant would pay a bounty of KRW 2.50,000 on a timely basis,” each month.

However, the defendant did not have the intent or ability to pay the fraternity even if he received the fraternity from the victim as above.

As above, the Defendant, by deceiving the victim as above, obtained a total of KRW 10 million from September 2009 to March 2012 from the victim, by deceiving him/her.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Details of passbook transactions, and application of Acts and subordinate statutes on notarial deeds;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The defendant and his defense counsel asserted that there was no criminal intent to obtain fraud from the defendant at the time, but the following circumstances, i.e., the defendant acknowledged by the records of this case.

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