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(영문) 춘천지방법원 강릉지원 2014.05.08 2013고단855
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the so-called so-called ‘blorder' activity by arranging the purchase of Guide, US dollars, Alley, etc. in the first place of Seoul Metropolitan Government.

Around March 2008, the Defendant stated that “A victim D who became aware of the introduction of C refers to a letter of intent to assist the National Assembly Chairperson who owns a large amount of gold, and may sell gold at a low price.”

However, the defendant did not own money at the time, and the defendant did not know about the personal information of a large number of persons who own money and did not have the intention or ability to sell money to the victim.

Nevertheless, around 12:00 on September 2, 2008, the Defendant issued a cashier’s check of KRW 160 million to the Defendant’s new bank account at around 13:02 on the same day, at the rest area of 12-71 (Seoul Seocho-gu Seoul Seocho-gu 10-16), which is located in the 12-lane 73-3-71 (Seoul Seocho-do 10-16).

Accordingly, the defendant deceivings the victim and obtains a total of 200 million won.

Summary of Evidence

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. A complaint;

1. Copies of receipts and cashier's checks;

1. Determination as to each investigation report and defense counsel’s assertion

1. The alleged defendant and defense counsel asserted that the defendant merely delivered the money to the chairperson who is a large amount of money after receiving the money from the victim, so the defendant did not have any intent to commit deception or fraud.

2. According to each evidence written in the summary of the judgment evidence, the defendant acted as if he had a reliance, such as talking that he had a building in child delivery even though he did not have any other ability, and on the other hand, plays a role as a secretary to manage the gold of the chairman who owns a large number of gold money.

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