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(영문) 서울중앙지방법원 2016.06.07 2015고합1249

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for four years.

The defendant pays 1,00,000,000 won to the applicant through fraud.

Reasons

Punishment of the crime

On January 30, 2009, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court on May 28, 2009 and completed the execution of the sentence at the Sungdong detention center on May 28, 2009.

On December 2, 2011, the Defendant is an official of the government that manages the funds of the avoidance of Cheongdaedae, which is located in the 2nd Seocho-gu, Seocho-gu, Seoul, for the victim C at a fluence house with the trade name in the Seocho-gu, Seocho-gu, Seoul. The Defendant is also a senior flusium in the flusium, and is also a flusium with the amount of KRW 1.2

A false statement was made to the effect that the amount of money to be entered into the Cheongbu Fund is urgently required, and that the amount of KRW 1 billion is to be refunded to KRW 2 billion within 2-3 days on the face of the loan.

However, in fact, the Defendant did not have any particular property as a bad credit holder at the time, and did not manage the funds for the avoidance of the Blue House. Since the Defendant did not gather the head-gun in the Blue Zone, working as a government organ or did not need the said money with the funds to enter the Blue House, there was no intention or ability to return the said money even if he received the said money from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received the total amount of KRW 50 million from the new bank account (Account Number E) in the name of D around December 9, 201 from the victim; (c) KRW 50 million around December 12 of the same month; (d) KRW 30 million around the 14th of the same month; and (e) KRW 600 million from the 16th of the same month, respectively; and (e) received the transfer of KRW 1 billion from the victim.

Accordingly, the defendant deceivings the victim and received one billion won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. A protocol concerning the interrogation of the accused by the prosecution (including part concerning C confrontations among the protocol concerning the interrogation of the suspect two times);

1. A protocol of the statement of the police against C, and a protocol of the examination of the police against F;

1. A complaint prepared by C, a fact-finding certificate prepared by C, etc.;

1. Deposit certificates, projectp, etc.;

1. The investigation report (the result of the execution of a warrant of search and seizure of a new bank account of “D” used by the suspect A).