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(영문) 서울중앙지방법원 2014.02.07 2013고단3189
사기
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On April 27, 2012, the Defendant was sentenced to a suspended sentence of three years on May 5, 2012 at the Incheon District Court for criminal fraud, which was sentenced to a suspended sentence of one year and six months.

Although the Defendant did not have an intent or ability to raise funds of KRW 5 billion to the victim E, the Defendant introduced F, an employee of the Defendant, as “confidentials working in the Bank of Korea,” and falsely concluded that “The Bank of Korea may raise the underground funds managed by the Bank of Korea through F,” and that “When submitting a balance certificate of KRW 30 billion, it would be possible to raise funds of KRW 60 billion when submitting the balance certificate. If the Defendant paid necessary expenses to obtain the balance certificate, it would borrow KRW 60 billion and lend KRW 5 billion out of them.”

1. On March 9, 2011, the Defendant received KRW 150 million from the said victim through I on March 9, 2011, from the Seocho-gu Seoul Metropolitan Government G Building 103 (hereinafter “H”) office, and acquired it by deceptively, the Defendant: (a) through a bond broker I, to the effect that “to borrow KRW 150,000,000,000,000 from the said victim,” and (b) to the effect that “to borrow KRW 50,000,000,000,000,000,000 from the said victim.”

2. On March 14, 2011, the Defendant made a false statement to the effect that, through a bond company I, “the date the Defendant had promoted at once” to the above victim through the bond company I, it would have to obtain a loan of KRW 50 million at once, if the Defendant paid an additional amount of KRW 150 million for financial expenses, then he/she would be able to obtain a loan of KRW 5 billion at once.” On the same day from the above victim, the Defendant received KRW 150 million from the K office of the bond company located in Yeongdeungpo-gu Seoul Metropolitan City, through I, from the K office of the bond company located in the J building.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, K, L, and each legal statement of witness I, M, and F;

1. N’s protocol of interrogation of the police officer;

1. Each loan certificate (No. 2 and 3 of the evidence list);

1. Two copies of a bankbook (No. 11 of the evidence list);

1. Two copies of each bankbook (No. 13, 14) ;

1. Judgment.

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