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(영문) 서울중앙지방법원 2016.12.09 2016고단6518
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In collusion with C, the Defendant concluded a business agreement between C and “E,” the representative C and the Defendant had worked as a regular business, and recruited people who wish to receive investment in Korea by attracting funds from a foreign country, and displayed a large amount of foreign bank check or payment guarantee letter, etc., and had an excessive investment ability, and had the intent to obtain money in the name of the commission for investment progress, and received it in the form of money

Around September 12, 2007, the Defendant entered into a contract with C to invest 20 million U.S. dollars in Korea with 1 billion U.S. dollars issued by the HSBC bank. Around September 12, 2007, at the office G of the 7th floor of the Hong Kong-gu, the Seoul Special Metropolitan City (U.S.) Seoul Special Self-Governing Province (U.S. 52 years of age), the Defendant provided the victim H (D) with a written business agreement with D and E and invested 20 million U.S. dollars in Korea. The Defendant entered into a contract to invest 1 billion U.S. dollars 20 million U.S. dollars with 1 billion U.S. dollarsC bank.

In fact, however, the HSBC bank issued by the Defendant to the victim was forged, and even if the Defendant received money for investment expenses, such as holding assets or lack of ability to mobilize funds, the Defendant did not have any intent or ability to invest foreign funds equivalent to 20 million U.S. dollars.

On September 28, 2007, the Defendant received from the victim KRW 30 million in the name of new bank G account (I) around September 28, 2007, KRW 10 million in the same amount, and KRW 26 million in the aggregate around October 5, 2000 in the same year.

Accordingly, the defendant, in collusion with C, received a total of 66 million won by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer and prosecutor's statement concerning H;

1. An investigation report (to reply, etc. to the authenticity of the report, etc. with respect to the GUARTE and related materials);

1. A copy of the SBLC, a copy of the payment guarantee, with a view to one billion won;

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