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(영문) 서울중앙지방법원 2018.07.27 2018고단3143

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant’s sole criminal defendant, around July 30, 2015, demanded the exchange of money to the victim from the “E” operated by the victim D in Jung-gu Seoul, Jung-gu, Seoul, to the victim, and 10,800 US$100, 5 US$160, 160, and 10,80 again confirmed the amount paid to the victim.

As a result, several times of return of money and re-collections, 1,800 US dollars remaining after deducting USD 90 from USD 100 was delivered to the victim as if it were 10,800.

The Defendant received from the injured party the amount of KRW 10,305,00 in exchange equivalent to USD 10,800.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant conspired to acquire money by means of one-time “componing the bottom” against F and exchange pre-stock owners.

On August 4, 2015, the Defendant and F: (a) around 17:12, 2015, at “I” operated by the victim H in Jung-gu Seoul, Jung-gu, Seoul; (b) F demanded the victim to exchange, and (c) 12,400 US dollars 106, 5 US$ 160, 160, and 160 US$ 12,400 on the ground that the exchange rate is not in mind; (d) returned the above USD 12,400 on the ground that the exchange rate was not in mind; and (e) made the Defendant look at the victim’s surrounding property; and (e) the Defendant again demanded the victim to exchange the property again, and (e) induced the victim by delivering the remaining USD 12,400 to USD 12,100,000, which was 12,400.

The Defendant received from the injured party the amount of KRW 14,285,00 in exchange equivalent to USD 12,400.

Accordingly, the defendant was given property by deceiving the victim in collusion with F.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to H and D;

1. Criminal facts;