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(영문) 서울남부지방법원 2016.05.11 2014고단4999

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On April 30, 2013, the Defendant issued to the victim D at the F hotel coffee shop located in Yeongdeungpo-gu Seoul Metropolitan Government, “The Defendant: (a) there was an installment savings passbook with an amount of 65 billion won deposited in the name of 65 billion won at the branch of the side of the Seoul City City Tti Bank; (b) all financial documents that can confirm the deposit of the passbook and the passbook by cancelling the installment savings passbook and converting it to the general passbook to the general passbook; (c) around May 2, 2013, the Defendant changed to KRW 200 million as the fee for lending.”

However, the defendant did not have a passbook with 65 billion won deposited in the City Bank, and there was no intention or ability to lend documents, such as a certificate of 65 billion won remaining in the name of the defendant with financing the above funds.

The defendant deceivings the victim as above and obtained 200 million won from the victim as a fee from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each legal statement of witness D, G, H and I in each part;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. A protocol concerning the examination of suspect of the police against J;

1. Application of Acts and subordinate statutes of business agreements;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. As to the Defendant and the victim’s assertion under Article 25(3)3, Article 32(1), and Article 32(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Orders (where the scope of liability for damages is not clear)

1. The defendant requested the defendant to lend a large amount of passbook to the defendant by "a large amount of passbook is required to cultivate government funds", and the defendant received KRW 200 million in return for showing the passbook deposited in the amount of KRW 65 billion from the victim, etc., and the defendant was issued a certificate of the balance of KRW 65 billion in the name of the defendant or K at the point of a branch of the Korea C&T Bank in Korea. However, according to each fact-finding with the above bank, the defendant or K and C&C bank until June 30, 2013.