(영문) 서울동부지방법원 2015.04.02 2014고단3885

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(영문) 서울동부지방법원 2015.04.02 2014고단3885

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who has no certain occupation and is a Chinese national.

On December 15, 2009, the Defendant made a false statement to the victim D (the 55 years of age) stating that “A company of the victim is aware of F by reducing E company of the victim, and the 50 million won is found in China, thereby returning to the victim without the title of E company,” at the same time, the Defendant received a remittance of KRW 20 million from the victim on December 27, 2009 through the foreign exchange bank account in the name of the defendant on the part of the victim.

Since then, around December 29, 2009, the Defendant received from the victim a false statement that “the Defendant would have attached F” to the victim at a mutual incompeting hotel in China, and that “if the remainder of KRW 30 million is remitted, the Defendant would go to the front of the victim,” and that it was transferred from the victim KRW 5 million to the foreign exchange bank account in the name of G on January 2010, KRW 8 million to the one bank account in the name of H, KRW 7 million to the one bank account in the name of H, and KRW 10 million to the one bank account in the name of J on March 3 of the same month, respectively.

However, the fact is that the defendant found the above F and did not have the intention or ability to return the E company to the victim, and there was no intention or ability to find F as well as there was no fact that the defendant added F in China.

The Defendant, as such, by deceiving the victim, received a total of KRW 50 million from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness D;

1. The recording of statements by K witnesses in the second protocol of trial;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution (including D parts)

1. A copy of the certificate of confirmation of each new bank, a copy of a receipt for official use of each Korean bank, a report on investigation (report on execution of a warrant of search and seizure) and the application of statutes governing

1. Criminal facts;

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