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(영문) 인천지방법원 2013.04.12 2013고단1083

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On May 11, 2010, the Defendant was sentenced to a suspended sentence of 8 months in Seoul Southern District Court for fraud, and the judgment became final and conclusive on November 17, 2010.

【Criminal Facts】

1. On June 6, 2008, the Defendant’s fraud, through AU, listened to the speech that the victim AV seeks a passbook with a balance of KRW 60 billion, and made a false statement to the effect that “AU would offer a passbook in advance on the face of KRW 10 million.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to seek a copy of the passbook containing the balance of 60 billion won actually.

Nevertheless, through AU on June 11, 2008, the Defendant, by deceiving the victim as such, was remitted KRW 10 million from the victim to the national bank account in the name of the Defendant through the AU in return for seeking a passbook.

2. On June 2008, the Defendant: (a) received a request from AV to request for the rescue of a passbook with a balance of KRW 60 billion from AV; and (b) again requested C to seek the said passbook.

Accordingly, on June 2008, C entered “2080,000,000,000,” “W60,001,000,000,” “W60,000,000,” “W60,000,000,” “W60,000,000,000,” and “business division” in “2080,000,000,000,000,000,000 in the balance column” in the column of “208,000,000,000,000,000,000, in the column of “W3,00,000,00,00,000,” and changed one copy of the deposit passbook under the name of the Korean bank, which is a private document document.

Around June 12, 2008, the Defendant received one copy of a deposit passbook in the name of a new bank in the BAc shop located in Jung-gu Seoul, Seoul, from L, and then delivered it to AU that he knows of the forgery at the BAc shop in the name of a new bank.