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Reasons
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(영문) 서울중앙지방법원 2020.09.23 2019고단7670
사기
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The victim B was introduced by C to the defendant who operates the system in the situation where the money is needed to repay the debt to C.

Examining the Defendant’s financial status around December 2017, the Defendant was liable for total of KRW 322,095,80,000, including KRW 7,69,466, and KRW 6,925,019, and KRW 322,09,80,00 on November 14, 2017.

The defendant's facts in Seoul around December 2017 are ① 20,000,000 won and the "F" in the E indictment appears to be a clerical error.

(2) On August 20, 2018, when the Defendant receives the time limit money, the Defendant received a total of KRW 1,000,000 from the Defendant on August 20, 2018 and KRW 20,000 on August 20, 2018, even if he did not have the intent or ability to provide the time limit money under the pretext of the time limit money from the victim, the Defendant received the money under the name of 10,00,000 from the Defendant on August 20, 2018 and received the money under the name of 10,000,000 won from the Defendant on August 20, 2018 (the Industrial Bank of Korea, 10,000,000 won from the time of receiving the time limit money, and 1,200,000,000 won from the Defendant on August 20, 2019).

Accordingly, the Defendant, by deceiving the victim as above, received a total of KRW 13,000,000 from the victim.

Summary of Evidence

1. Each legal statement of witness B and C;

1. A protocol of examination of part of the defendant by prosecution;

1. The suspect interrogation protocol of some police officers against the defendant;

1. B In the case of the police statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement (tel call for reference witness), investigation report (to be attached to the file of the statement statement statement statement statement) and investigation report (to be attached to the file of the criminal

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