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(영문) 서울북부지방법원 2015.01.30 2013고단988
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 9, 2012, the Defendant told the victim G through F at “E” coffee shop located in Gangnam-gu Seoul, Gangnam-gu, that “The Defendant: (a) sought to encash 35 billion won certificates of deposit; (b) secured both the purchaser and the seller; and (c) borrowed the amount of KRW 50 million as required; and (d) returned the amount of KRW 100 million until August 20, 2012.”

However, the Defendant did not hold negotiable certificates of deposit equivalent to KRW 35 billion that could be commercialized at the time, and did not secure the buyer and the seller. As above, the Defendant’s intent was to deliver negotiable certificates of deposit to H in the name of receipt of negotiable certificates of deposit in the absence of any property at the time, and even if the Defendant borrowed money from the victim as above, he did not have the ability to pay the money normally.

Ultimately, the Defendant, as seen above, by deceiving the victim, received 30 million won from the victim’s place of residence, and obtained 40 million won from the victim, including 10 million won around August 10, 2012 and 10 million won.

Summary of Evidence

1. Each legal statement of witness G and J;

1. Each legal statement of the witness K and I;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. A protocol concerning the suspect examination of some of the accused;

1. A copy of a protocol of examination of the police officer concerning I; and

1. Application of Acts and subordinate statutes concerning G police statements;

1. Determination on the assertion of the defendant and his/her defense counsel under Article 347 (1) of the Criminal Code of the relevant criminal facts (the choice of imprisonment in consideration of the method of criminal conduct, degree of damage, and the fact that damage has not been recovered)

1. The summary of the assertion requires L to bring an original copy of the certificate of deposit in the face value of KRW 500 billion held by L, while the certificate of deposit in the face value of KRW 50,000 may be dealt with within 2 to 3 days. L is KRW 50 million.

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