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(영문) 서울중앙지방법원 2016.12.20 2016고단7430
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 21, 2014, the Defendant made a false statement to the Victim A, “B, as it is, the one who has been laundry of underground funds. A person who has a passbook containing 500 billion won, is aware of the person who has a passbook in this passbook, and the amount of KRW 30 billion may be punished if the amount of underground funds is laundry. If the Defendant borrowed KRW 40 million necessary expenses for the money laundering, he/she would be paid KRW 5 billion in a rapid amount of KRW 40 billion in the underground funds laundering. If he/she becomes aware of the progress within 2-3 days, he/she would refund the amount of KRW 40 million within a week.”

However, in fact, the Defendant did not engage in the aforementioned work related to the laundering of underground funds and did not verify the substance of the money laundering, and thus, was unable to expect large profits through the laundering of underground funds, and even if he borrowed money from the victim due to no special asset or revenue source, there was no intention or ability to pay the profits or to redeem the amount of the borrowed money as agreed upon.

As above, the Defendant, by deceiving the victim as above, was issued 40 million won (one million won's cashier's checks) from the victim's place.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by the prosecution (including theO and P statements);

1. Police suspect interrogation protocol of the accused (includingO and P statements);

1. Statement of the police about P;

1. Application of the laws and regulations of the complaint, receipt, note, statement of payment, and statement of performance;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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