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(영문) 서울서부지방법원 2017.06.14 2015고단2528

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

around May 2014, the Defendant around the end of Jongno-gu Seoul Metropolitan Government (Seoul), at the mutual infinite coffee shop, the first floor of the head office of the bank in Jongno-gu, Seoul, the Defendant “E has a non-funds from the E to the present president, and the warehouse has been scattered across the country.

However, there have been money out of one of them.

D The president (named the victim) will post 37.5 million won in the warehouse of non-financial funds as down payment and give 500 million won after 3 days thereafter.

“False speech was made to the effect that it was “.”

However, there was no intention or ability to pay KRW 500 million which the defendant promised even if he received money from the injured party due to the lack of the former president's funds.

Nevertheless, on June 8, 2014, the Defendant received 3,750,000 won in cash from the injured party, and received 3,750,000 won in cash from the said coffee shop around June 9, 2014. On or around June 11, 2014, the Defendant received 27,000,000 won in the same account around June 11, 2014, and received 37,50,000 won in total from the said C bank head office to the same account.

Summary of Evidence

1. Statement made by witnesses D and I in the third public trial protocol;

1. Each police statement made to D, I, and J;

1. A criminal investigation report (to attach photographs to money);

1. Recording records (D and I consistently accused of the criminal facts;

In light of the circumstances, such as the fact that a statement is made and the recording recording of the conversation between the defendant and D refers to the fact that the defendant refers to the "original", "State Council", etc., the defendant may believe that each statement of D and I is made.

Therefore, criminal facts are recognized.

In addition, since Korea was introduced through I, it was not well known to the defendant, and it was long time for the defendant to know, considering the relation between D and the defendant, D contains a passbook of KRW 3 billion to the defendant.