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(영문) 서울동부지방법원 2014.06.26 2013고단2861

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 27, 2011, the Defendant received the victim E a total of KRW 670,000,000 from the victim E, and received the payment of KRW 977,70,000,000 from the F Company to the head of G Corporation G Corporation with the representative director as it is convenient to process the tax invoice if the F Company transfers the bonds under the name of a corporation other than the name within the name of an individual in the name of the individual while demanding a tax invoice. Once it is called the bank head of G Corporation with the name of the representative director, the Defendant accepted the proposal as follows: (a) the balance of the successful bid for the auction for the villa located in Namyang-gu, Namyang-gu, Seoul; (b) KRW 87,00,000,000,000,000,000 and value-added tax thereon, adding the total of KRW 97,700,000,000,000,00.

However, even if the Defendant received the above KRW 16.7 million from the F Company, he did not intend to deposit the money with the I passbook, and tried to appropriate the money to repay the existing claim amounting to KRW 52 million against the victim.

As such, around November 30, 201, the Defendant, by deceiving the victim and undermining the victim, was transferred KRW 16.7 million under the name of the victim’s credit repayment amount to the F Company by the G Corporation passbook, G Corporation, Inc.

Accordingly, the defendant was given a delivery of KRW 16.7 million by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Part of the prosecutorial protocol of the defendant concerning the interrogation of suspect (E statement)

1. Part of the first police interrogation protocol (including the EM statement) against the defendant

1. Statement to E by the police;

1. Determination 1 on the Defendant’s assertion of sales place, Han Bank’s contents, and the Defendant’s assertion consented to the transfer from the F Company to G Corporation’s account in accordance with the victim’s proposal, but the Defendant consented.