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(영문) 서울중앙지방법원 2017.07.06 2016고단6338
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 9, 2014, the Defendant: (a) at the Defendant’s home located in Gwanak-gu, Seoul Special Metropolitan City on January 16:0, 2014, transferred money to the beneficiary C; (b) at the Defendant’s home located in Gwanak-gu, Seoul Special Metropolitan City; (c) at the same time, he/she borrowed money to another place; and (d) he/she paid money in mistake after two (2) days thereafter.

The phrase “the phrase was false.”

However, in fact, it was thought that it was used for living expenses or other debt repayment by receiving money from the injured party, and there was no fact of remitting money by mistake.

The Defendant received 6 million won from the injured party as the borrowed money from the seat.

2. On January 10, 2014, the Defendant: (a) around the entrance station of the Seoul Western-dong, Seoul Special Metropolitan City, obtained the said victim’s office from the said victim “D and his/her office to conduct the same business with D; (b) attempted to deduct money from money due to the lack of mind; and (c) lent KRW 10 million to him/her without any molding it within ten (10) days.

The phrase “the phrase was false.”

However, in fact, it was thought that it was used as a deposit for a house leased with money from the injured party, and there was no attempt to settle the said D and the same business.

The Defendant received five million won from the damaged party in the name of the borrowed money, namely, the name of the damaged party, and five million won in the SC bank account in the name of the Defendant on January 14, 2014.

Accordingly, the defendant was given a total of 16 million won by deceiving the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Details of financial transactions, copies of bankbooks, and certificates of transfer confirmation;

1. Application of the Acts and subordinate statutes to the complaint;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act on the grounds for sentencing [the scope of recommendation] of the punishment [the grounds for sentencing] of the type 1 (less than KRW 100 million) in general fraud [the person subject to special sentencing] has no damage [the decision of sentencing] [the person subject to special sentencing] [the decision of sentencing] has not been recovered considerably, the defendant has a record of being punished twice the suspension of the execution of the same kind of crime, and the defendant has been punished twice.

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