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(영문) 인천지방법원 2014.05.22 2013고단6652
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around January 2006, the Defendant, along with the Victim C, D, and E, intended to carry out a project that withdrawss its children G’s children F’s New York Bank’s UBS deposit in cash, and H’s children I’s children of the former president of the Indonesia, and the victim provided project implementation funds, carried out execution, execution, business instructions, etc. Around January 2006, D and E carried out the business by drinking the deposit owner and operating the business in accordance with the victim’s orders at home. The Defendant delivered related documents to the JJ that will carry out cash withdrawal work in the United States.

On December 15, 2006, the Defendant stated that “The expenses to be paid to the United States are KRW 56 million deposited into the account in the name of H in the name of H in the case of the victim.”

However, as the defendant thought that he will use the above money for personal debt repayment and living expenses, he did not have the intention or ability to pay it for the expenses of the United States even if he received the money from the victim.

On December 15, 2006, the Defendant, by deceiving the victim, received 56 million won from the national bank account under the name of the Defendant with the name of the Defendant’s child to the national bank account under the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. The prosecutor's office and the police's statement concerning C;

1. A petition for complaint and accompanying documents;

1. Investigation reports (Investigation of immigration records);

1. Application of Acts and subordinate statutes to investigation reports;

1. Determination as to the assertion by the Defendant and the defense counsel regarding the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, and the criminal defendant

1. The summary of the argument was actually used as the expense of the project that withdraws I’s 56 million won as stated in the judgment of the victim in cash (hereinafter “instant project”).

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