사기
Defendant shall be punished by imprisonment for a term of one year and two months.
However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 9, 2015, the Defendant sent to the victim AB office in Daejeon-gu, Daejeon-gu, through AU, a statement to the effect that “The amount equivalent to KRW 24 billion is deposited in the Chinese currency with the name of AC Bank in England,” and that “the credit issued by AC bank in the name of B, based on the deposit deposit, will be provided as security to the bank in which the credit is traded by B, so that the credit would be borrowed in an amount equivalent to KRW 15 billion.” Thus, the Defendant sent the victim’s statement to the effect that “the amount equivalent to KRW 100 million is changed to the cost of issuing the credit.”
However, in fact, the Defendant did not hold 24 billion won by converting the amount into Korean currency to AC Bank in England, and could not receive a credit from AC Bank. Even if the Defendant received money from the injured party, it did not use it as the cost of issuing the credit, but as the Defendant thought that he would consume it with the Defendant’s living cost, etc., so even if he received money from the injured party, the Defendant did not have the intent or ability to receive the credit for the injured party and let the injured party obtain the loan from the bank as collateral.
As such, the Defendant, by deceiving the victim, received a total of KRW 100 million from the victim, including KRW 50 million on September 10, 2015, and KRW 50 million on September 14, 2015, and KRW 100 million on September 14, 2015, from the victim’s account (AV) in the name of the Defendant.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by a witness AB or AU among the third public trial records;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police against AB;
1. Details of credit consultation, investment agreement following the issuance of SBLC, credit, and certificate of deposit balance 8.5 billion won;
1. The Defendant’s assertion on the investigation report (as a result of the execution of a warrant of seizure, details of Defendant AA’s entry and departure transaction) is practically possessing the funds of USD 30,000 in his/her name from a bank in the UK, and the said money is owned by a African refugee who is under his/her management, and is entitled to the said money at least 30%
with the assertion.