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(영문) 서울동부지방법원 2015.11.05 2015고단846

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On the other hand, from around 2010 to around 2010, the Defendant did not properly conclude F with D and E, and was engaged in attracting foreign capital by showing the above F Contract through H from around 2010 to the said F Contract that the signature of the Minister of Finance and Economy G was forged.

On May 17, 2012, the Defendant sent e-mail to H on May 17, 2012, “A total of one billion U.S. dollars was decided to transfer from Switzerland to Incheon Airport Branch.” On the same day, at around 21:15, H sent e-mail to H, stating that “A deposit of USD 100,000 was due to the lack of money in Switzerland bank’s account, it would transfer 3 hours to 800,000,000 (80,000).” Accordingly, H sent e-mail to H, that is, “I deposits 100,000 and one hundred and twenty thousand U.S. dollars are returned to 380,000,0000 won if it was deposited in an overseas exchange bank’s account under the name of the Defendant, and H returned bank returned 100,000 U.S. dollars to 280,000,0000 won.

However, even if the defendant received USD 100,000 from the victim, he did not deposit it in the account of Korea Exchange Bank under the name of the defendant, and tried to immediately remit it to another foreign bank account. In addition, the Switzerland bank did not have decided to remit USD 80,000 to the foreign exchange bank account under the name of the defendant.

On May 22, 2012, the Defendant, by deceiving the victim as above, received USD 99,91.32 from the victim through the Korea Exchange Bank account (L) under the name of the Defendant at around 16:05.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of K witness K;

1. The prosecutor's protocol of interrogation against the defendant is J and K, respectively.