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(영문) 서울북부지방법원 2019.06.19 2019고단208

사기

Text

A defendant shall be punished by imprisonment for one year.

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

(e).

Reasons

Punishment of the crime

On April 20, 2012, the Defendant was sentenced to a suspended sentence of three years on April 28, 2012 at the Seoul Central District Court for criminal fraud, and the said judgment became final and conclusive on April 28, 2012.

피고인은 2008. 12.경 말레이시아 콸라룸푸르의 호텔에서 B에게 “아프리카 금광 채굴 사업 매각자금 3,000만 파운드를 말레이시아 영국대사관에 보관시켜 두었는데, 그 돈을 찾기 위한 보관료 등 수수료를 빌려주면 이후 높은 이자와 함께 그 돈을 갚겠다”라고 말하여 B를 통하여 피해자 C을 기망하고, 서울 잠실에 있는 호프집에서 B, D과 함께 피해자 C을 직접 만나 “3,000만 파운드를 대사관에 보관시켜 놓았다”고 거짓말을 하였다.

On December 31, 2008, the Defendant received 10,400,000 won from the victim to the E bank account in B’s name as the borrowed money, and acquired 18 times in total from that day to December 29, 2012, such as the statement in the crime sight list.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and the B (including the questioning part and the F telephone statement);

1. Each protocol of examination of the police officer against the defendant and the defendant B (including the substitute part);

1. Each prosecutor's statement concerning G;

1. The police statement concerning G;

1. A remittance statement, a detailed statement of passbook transaction, a written confirmation, a money exchange transaction contract, each borrowed instrument, a written agreement, and documents of the UK Embassy;

1. Previous records: Application of inquiry results, investigation reports (including criminal records of the same kind A, confirmation and appended judgments) Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act by universal application of relevant provisions concerning the facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The portion not guilty under Article 62 (1) of the Criminal Act;

1. Of the facts charged in the instant case, the Defendant found that “the Victim on November 17, 2012,” which was kept in the U.K. Embassy, Lbling KRW 30 million for the sale of African gold mining business, kept at the Embassy of Malaysia.