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(영문) 서울서부지방법원 2018.03.28 2017고단1101

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for one year.

Reasons

Punishment of the crime

The Defendants conspired, around April 1, 2013, to the victim E through C and D, at the mutual infinite coffee shop located in the Dongjak-gu Seoul Metropolitan Government Sadong on April 1, 2013.

There is a passbook in which 30 billion won has been deposited, and 100 million won is paid to the expenses to find this money.

I would like to find KRW 100 million from the head of the Tong deposited with KRW 30 billion more than 4 hours after the face of the week.

“A false representation was made.”

However, the Defendants did not have a passbook of KRW 30 billion deposited, Defendant B was not an employee of the former president of the F, and even if he was given KRW 100 million from the injured party, there was no intention or ability to provide KRW 300 million even if he was given KRW 100 million from the injured party.

Nevertheless, on April 8, 2013, the Defendants were issued five copies of the check at the fourth floor of Jung-gu Seoul, Jung-gu, Seoul to the victim, and received four copies of the check at the same place as the 12th day of the same month.

As a result, the Defendants conspired to obtain a total of KRW 90 million from the injured party.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of witness E and H;

1. Some statements made to the defendant A in the protocol of interrogation of the suspect;

1. Each prosecutor's examination protocol with respect to D or C (including the E part of the statement);

1. Statement made by each prosecutor to E and C (including H part of the statement);

1. A protocol concerning the suspect B of the police;

1. A criminal investigation report (report on the results of account tracking);

1. Promissory Notes, each letter of commitment, loan certificate, copy of passbook, statement of dividend guarantee, I conversation content, and written confirmation [the victim shall consistently serve as the State Council member by the F-former president from the date of the complaint to the date of the complaint, but the victim shall be 300 million won on the face of 30 billion won on the face of 100 million won on the face of the head of passbook deposited with 30 billion won, and paid the instant money twice.

He stated that the Defendants made a statement, and provided the passbook 30 billion won to the Defendants, or the Defendants.