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(영문) 수원지방법원 안양지원 2015.05.01 2014고단1128

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The facts charged are recognized as criminal facts by modifying part of the facts charged to the extent that it does not substantially disadvantage the defendant's defense right.

On April 24, 2014, the Defendant was sentenced to imprisonment with prison labor for two years and six months at the Suwon District Court on April 27, 2014 and the judgment became final and conclusive on June 27, 2014.

When the Defendant heard from E that the victim F is seeking funds worth KRW 20 billion, the Defendant attempted to acquire the victim’s money by pretending that the victim F would have been able to use the false promissory note to indicate as if it was deposited into the account when it was presented to the financial institution, even if it was forged, that it was displayed as if it was deposited into the account.

On February 1, 2013, the Defendant made a false statement that “The Defendant may ask the victim for the passbook deposited in the amount of KRW 20 billion from the victim’s side through E, etc. at the G hotel neighboring coffee shop located in Jung-gu, Seoul. The Defendant made a false statement to the effect that “The fee and the cost of issuing the passbook are required to be paid to the head of the Tong, and the amount of KRW 2

However, the defendant did not have the intention or ability to rescue the passbook deposited in 20 billion won to the victim.

As such, the Defendant, by deceiving the victim, delivered KRW 10 million on February 1, 2013 to the victim. On February 4, 2013, the Defendant received KRW 10 million from the victim while delivering to the victim a forged statement of passbook transactions in the name of H, which was entered as KRW 30 billion deposited at the same place on February 4, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses E in the second protocol of the trial;

1. The statements made by witnesses I and H in the third protocol of trial;

1. The police statement concerning F;

1. A copy of each letter, a copy of passbook, a statement of transactions, and a statement of account transactions;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes concerning criminal records, copies of written judgments and investigation reports (Attachment of written judgments);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The Criminal Act dealing with concurrent crimes;