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(영문) 서울동부지방법원 2018.04.11 2018고단33
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 2009, the Defendant is a person who works for the victim D through C at a closed place via B in order to be punished by at least ten times if the Defendant purchased the presidential bond in a foreign country and entered the Republic of Korea with the higher person, such as the Blue E team leader, etc.

The defendant is expected to have a claim and to have five countries together with the Blue House employees, and if the purchase cost of the claim is subsidized, the defendant will bring the claim into the Republic of Korea and then will divide the profits from the sale into a non-fluence."

However, there is no presidential claim in a foreign country, and even if the defendant receives the money from the injured party, he did not have the intent or ability to distribute the profits to the injured party by selling the bonds to use it as sojourn expenses in the Philippines.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim, to the Defendant’s new bank account around May 1, 2009, from the victim, and received KRW 48 million in total from around June 4, 2009, from that time to June 4, 2009.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Testimony of D or C;

1. Application of Acts and subordinate statutes to investigative reports (list 7, results of the execution of a warrant of search and seizure of financial accounts);

1. Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Procedure Act, the gist of oral argument as to the argument of the Defendant and his defense counsel is that the Defendant did not deception the victim as stated in the facts charged, and C deceiving the victim with the same content as the facts charged, and the victim remitted money to the

C was withdrawn and used.

On the other hand, the fact that the defendant was involved in the sale of bonds that the defendant was dead is also recognized by the defendant himself (the first second second second second second second second second second second second second second second). If C brings about the list of bonds hidden in the underground economy after the financial real name system, the defendant can sell it on his own.

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