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(영문) 서울중앙지방법원 2016.09.30 2015고합377

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant

B A person shall be punished by imprisonment for a term of five years.

Defendant

Of the facts charged against B, the fraud in the name of public corporation employment mediation.

Reasons

Punishment of the crime

"2015 Gohap 843"

1. The charges of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) include the following facts: (a) Defendant B acquired 900 million won under the name of “nicking of unreal-name funds” as well as the gold tamping transaction.

However, as examined below, A (the judgment 17 to 20 pages) delivered KRW 900 million to Defendant B with “the purchase fund of gold bullion.”

Recognized.

Defendant

B Since the investigation of evidence was conducted on the pretext of receipt of KRW 900 million from A, even if the part irrelevant to the recognition of the facts charged is deleted ex officio, it is judged that there is no obstacle to Defendant B’s exercise of the right to defense.

In July 2014, the Japanese victim H requested a policeman to purchase gold bars with a view to purchasing gold bars in Korea and importing them into Japan.

Defendant

B On October 21, 2014, the victim’s agent A who was introduced through I, etc. at a coffee shop near Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul Metropolitan Government around October 21, 2014, may be able to trade gold.

In other words, at around 14:00 on October 22, 2014, the check of 2 billion won was kept in custody from the damaged person at the same place.

A shall be entitled to receive a gold in the face of a gold.

“.......”

However, in fact, Defendant B did not have any intention or ability to engage in the above transactions, but did not have any intention or ability to cause sexual intercourse.

Nevertheless, Defendant B, as seen above, by deceiving Victim A as a proxy, received a total of KRW 300 million amount of KRW 300 million from the victim’s own right and KRW 900,000 from Defendant B.

"2015 Gohap 1107"

2. Defendant B, who violated the Act on the Regulation and Punishment of Concealment of Criminal Proceeds, uses the provisional name of “J” to avoid the disclosure of his real name, and checks in front of the KRW 300 million, which is the criminal proceeds acquired from He, Japan, as described in the above 1.1.