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(영문) 서울중앙지방법원 2017.07.14 2016고단6149
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On July 15, 2013, the criminal defendant against the victim C made a false statement to the victim C, “The defendant would pay the victim C in one month if he/she lends the cost of attorney fee of KRW 10 million as he/she needs to express his/her birth D in an influent day,” before the new bank located in Seocho-gu Seoul Metropolitan Government Seocho-gu Seocho-gu.

However, in fact, the defendant did not have any particular occupation, and even if he borrowed money from around 201 to use it due to bad credit standing due to tax delinquency, he did not have any intention or ability to repay it.

Nevertheless, the Defendant, as such, by deceiving the victim, received cash of KRW 10 million from the said new bank on July 15, 2013 from the victim, and from that time, the same year from that time.

8. Between August, 200, a total of KRW 150,000,00 were obtained through deceptions over a total of three times, such as the one copy of attached Table 1.

2. On May 6, 2013, the Defendant made a false statement to the Gangnam-gu Seoul Police Station located in Gangnam-gu, Seoul, stating that “A victim E, who is the wife of Dong Dong Dong Dong-in through the above C, borrowed attorney’s fee of KRW 10 million as the Dong Dong-in’s cost is needed on a very remote day, and if a request for return is made only within one month, it would be repaid.”

However, in fact, the defendant did not have any particular occupation, and even if he borrowed money from around 201 to use it due to bad credit standing due to tax delinquency, he did not have any intention or ability to repay it.

Nevertheless, on May 6, 2013, the Defendant: (a) by deceiving the victim; (b) received cash of KRW 10 million from the victim on May 6, 2013 from the victim; (c) and (d) the same month from that point of time.

5. Between 14. and 14., a total of KRW 130,000,000 were acquired through deceptions over three times, such as the copy of attached Table 2.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the prosecution against C;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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