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(영문) 서울중앙지방법원 2018.05.02 2018고단1342

사기

Text

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

Reasons

Punishment of the crime

On July 23, 2009, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Seoul Central District Court. On August 19, 201, the Defendant was sentenced to one year and six months by imprisonment in the same court. On April 22, 2013, the Seoul Southern Prison completed the enforcement of the sentence.

The defendant committed as if he had a huge capacity to mobilize funds as the head of the United Nations Peace Services Group, and he tried to acquire money on the pretext that it is necessary in the course of bringing his own funds deposited in a foreign account into the Republic of Korea.

On December 12, 2015, the Defendant directed J to raise KRW 75 million in the name of the handling fee to draw up a certificate of ownership of funds deposited in a foreign account. On December 31, 2015, J did not seek money from the victim M who was introduced through K and L at a coffee shop in which the name is unknown in front of the Bank of Korea’s door located in Gangnam-gu, Seoul at around 11:00 on December 31, 2015.

The reason behind the loan of KRW 75 million to be used as a handling fee was that the loan would give KRW 200 million by January 5, 2016.

However, the Defendant was not the head of the United Nations Peace Volunteers, and the relevant documents were fabricated, and even if he did not have any intent or ability to raise funds in Korea, the Defendant deceiving the victim through J, K, and L, and was issued KRW 75 million on the face of the victim, i.e., a check from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer against J, K, or L;

1. Statement made by the police against M;

1. A copy of a check, such as a written statement of each transaction, a bank (45 billion won), a written statement of letters A, a cash custody certificate, etc. presented, a written complaint, receipt, undertaking, a written request for fund transfer, etc.;

1. References to inquiries, such as criminal history, investigation reports (Attachment of the judgment, such as fraud, etc. by the High Court 6892) and text of the judgment, and previous convictions of the disposition;