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(영문) 서울중앙지방법원 2016.10.20 2014고단5627

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On March 2013, the Defendant: (a) committed as if the Defendant managed a political person’s secret funds, such as gold ingot and a secret deposit, with the victim C, D, etc., known to a police officer in the middle of March 2013; and (b) committed fraud of money for various security purposes.

On March 14, 2013, the Defendant stated, “E” to the victim at the coffee shop near subway 2 lines located in Seocho-gu, Seoul, that “E” manages a large amount of money deposited, and the amount of money deposited in kind, such as gold and bonds, is kept in the warehouse. In order to convert the money into the real name deposit, the Defendant should use the passbook deposited in the amount of KRW 30 billion. However, the amount of money incurred in creating the passbook shall be returned to 30 billion won, and the principal shall be returned to Dol, and the money for merit shall be paid to 30 billion won.” On March 19, 2013, the Defendant stated that “E” shall be granted to the victim a KRW 30 million for the production expenses, etc. of the passbook at the representative office of the said company located in Gangnam-gu Seoul, Seoul, to the victim.

Since then, the defendant again stated that "in order to make the victim as soon as possible, the defendant should do with the flag, but to change the activity expenses to be used within the inside," and received 4 million won from the victim who believed it as activity expenses, etc. for the same day.

However, there was no “E” and a non-real-name deposit, and the Defendant did not have the ability to make a passbook, etc. deposited in KRW 30 billion, or to convert a non-real-name deposit into a non-real-name deposit, and there was no intention to use KRW 34 million received from the victim as relevant expenses or activity expenses.

As such, the defendant deceivings the victim, thereby deceiving 34 million won.

Summary of Evidence

1. The statements of witnesses C, I, J and D in the second protocol of trial;

1. Parts of each statement made by witnesses K and L in the fifth trial records;

1. Part of the statement of witness H in the seventh trial record;

1. The defendant and the defendant.