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(영문) 서울중앙지방법원 2013.09.03 2013고단1024

사기등

Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of two thousand won, respectively.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. Fraud (1) On September 20, 2012, the Defendant: (a) around 15:00, at G points located in Gwanak-gu in Seoul Special Metropolitan City, the victim E (n, 53 years old); (b) “In the city of H regime, the Plaintiff created the President’s secret funds to the end of H regime, thereby making the settlement of the family register within the president; (c) the first birth year was 54 years, and 59 years, shift from one cash of KRW 2-30 million. The Defendant, with a cash of KRW 2-5 km and KRW 50,000,000,000 won in KRW 50,000,000,000 won in KRW 1.0,000,000 won in KRW 50,000,000,000,000 won in KRW 50,000,000,000 won in a mobile phone.”

However, in fact, the Defendant did not keep these gold bars, money, and bonds, and thus did not have any intent or ability to deliver them to the victim, and the Defendant was aware of the existence of any value of the collateral as it was not verified where the source of the loan was not verified at all.

Nevertheless, the Defendant, by deceiving the victim as above, received a total of 100 million won cashier’s checks from the victim around 18:00 on September 27, 2012.

(2) On September 2012, the criminal defendant against the victim I made a false statement to the victim I (53 years of age) “A retains large numbers of gold bars and is expected to distribute them to the Republic of Korea through L in order to make it possible for the victim I (53 years of age) from the "KK Group B to distribute them in Korea.” In addition, the SK Group B’s secret funds may be disposed of within a radius. The amount of KRW 45 million will be KRW 65 million after the date of investment. The defendant would be entitled to KRW 45 million after the date of investment. There is a bond of one million in fake U.S. as a security for investment funds.”