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(영문) 서울중앙지방법원 2016.07.20 2016고단1559
사기
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On April 1, 2015, the Defendant, at the “E” coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, carried out as if his name was “G” or “H”, manages the underground funds, which are government assets, as the former National Information Institute staff.

The check, which is an underground fund, should be commercialized in an amount equivalent to 20 billion won. It is necessary to lend 320 million won to the expenses required therefor, refund the principal after 2-3 days, and carry on the business with the amount of eight billion won out of the cashed underground fund, and entrust the party with the important duties.

“Although the facts charged and the contents of deception are different from those stated in the indictment, the fact-finding should be recognized ex officio by the court by clarifying the purpose of the witness’s statement in the court to the extent that it does not impede the defendant’s defense by denying the main contents of deception.

The purpose was to say that it was.

However, in fact, the defendant was not an employee of the former National Intelligence Service, there was no government's underground funds, and only he received money from the victim and thought that he would have become an employee.

On April 6, 2015, the Defendant, by deceiving the victim and deceiving the victim, received two copies of the KRW 100 million check from the victim under the name of the borrowed money at the same place on April 6, 2015 and received two copies of the KRW 320 million check from the victim and acquired the total amount of KRW 320 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and I;

1. A copy of a check;

1. Cash photograph;

1. Characteric message photographs;

1. Each investigation report [the defendant himself/herself is also the victim's belief that he/she is deceiving J and K, and only transferred the money received from the injured party. However, as admitted by evidence, the defendant presented objective data to acknowledge that the defendant himself/herself was the victim's name and age, and that he/she was the victim's name and age, and that the J and K specifically intervened from the investigation stage to the trial process.

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