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(영문) 청주지방법원 충주지원 2015.11.27 2015고단363
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On October 2014, the Defendant, in collusion with C, acquired “D” which is a petercom, and attempted to receive money from others under the pretext of a check and exchange fee, by using a fake foreign exchange check which is 50 million US dollars (originalized KRW 50 billion) for the payee’s “ENTURRPPDA” (Canadian located) in the non-fluored place. The Defendant, in collusion with C, intended to receive the said foreign exchange check from others to receive funds equivalent to the above face value, and received money from others in exchange for a check.

On October 27, 2014, the Defendant, along with C, displayed the photo of the said foreign exchange check to the victim E, the victim F, and the victim G at the same time prior to the viewing of 19-No. 8-gil, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and the Defendant said, “When receiving the said foreign exchange check, the Defendant lent KRW 150 million as the need for the issuance fee is required, and paid KRW 10 million at the expense of C, and at the same time, paid KRW 150 million as the principal after receiving the check after a day, and repaid KRW 50 million as the principal, and as well as investing KRW 10 billion out of KRW 50 billion as business funds.”

However, the fact that D was merely fluorcom, there was no transaction or reason to receive a 50 million US dollars exchange check, and the above foreign exchange check was not able to be paid with no substance. Since the Defendant and C did not have financial capacity, there was no intention or ability to repay the principal after a week or invest ten billion US dollars to the victims.

In the end, the Defendant conspired with C to induce the victims as above and acquired the total sum of KRW 160 million from the victims, i.e., the amount borrowed and the amount received from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police interrogation protocol regarding C;

1. Each police statement made to E, F, H, I, and J;

1.Each letter;

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