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(영문) 수원지방법원 안양지원 2015.01.15 2014고단1807
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 13, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Illegal Check Control Act at the Seoul Central District Court on March 13, 2009 and a fine of three million won was completed on August 28, 2009.

In addition, on July 19, 2012, the Defendant was sentenced to imprisonment with prison labor of four years and six months and a fine of twenty million won in Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the same year.

8.7. The judgment became final and conclusive, and on January 9, 2013, the Seoul Western District Court sentenced three years to imprisonment for fraud, which became final and conclusive on June 21, 2013.

On March 3, 2011, the Defendant sent a cashier’s check of KRW 1 billion issued by 1 billion to B, which was known to the police officer of the Republic of Korea, by facsimile, to B, and “If the cashier’s checks were issued by 1 billion won to B, if the Defendant borrowed KRW 100 million to the victim C, she will use the cashier’s checks only for three days, and pay interest amounting to KRW 10 billion by cash, and he would have the Party repaid the checks to C with the interest amounting to KRW 10 billion, and he would have the Party repaid the same with the money that he borrowed and repaid to C.” As is, the Defendant had B trusted that it would have the victim speak to the above purport.

However, in fact, the cashier's checks sent by the defendant to B were forged, and even if the card price at the time was overdue and the amount of debt was borrowed money from the victim through B, there was no intention or ability to repay it within three days.

As a result, the Defendant, through B, by deceiving the victim through the foregoing, received a total of KRW 100 million from the victim to the one bank account under the name of B, including KRW 50 million on the 16th of the same month and KRW 50 million on the 17th of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of the accused, A, and C in the suspect examination protocol of the accused by the prosecution;

1. Each police suspect interrogation protocol concerning B;

1. Statement to C by the police;

1. Details of passbook transactions (number 21);

1. Copies of cashier's checks (number 4), and copies of cashier's checks issued by Korean banks (number 20);

1. Judgment.

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