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(영문) 창원지방법원 2017.06.28 2017고단75
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

On July 2013, the Defendant, at the E hotel coffee shop located in the counter of Changwon-si, the date on which July 2013, 2013, stated that the victim F is “G” and the Defendant, as if he was a senior executive of the National Information Institute, would accept the victim’s remainder of the subcontract price that he did not receive from the H I Chairperson on behalf of the Defendant.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

After that, on September 2013, 2013, the Defendant sent a phone call to the victim at a closed place of the end of the day, and then, the Defendant would directly take 3,000,000 won by the I Chairperson with success in negotiations with H.

was made.

It would be paid KRW 3,00,000 on behalf of 3,000,000. The false statement was made as follows: “The transfer of KRW 20,000,000 to the assistance staff (the National Information Board) management expenses, office operation expenses, etc.”

However, the defendant did not have any intention or ability to receive the remainder of the subcontract price that the victim should receive from the chairperson of H even if he did not receive money from a person who is not an employee of the National Intelligence Service.

On September 30, 2013, the Defendant, by deceiving the victim, received KRW 20,00,000 from a new bank account (number L) in the name of “JK” designated by the Defendant in the name of “JK” around September 30, 2013, and received money from around May 30, 2014 through the said method until May 30, 2014, totaling KRW 307,00,000, as in the list of crimes in the attached Form.

Summary of Evidence

1. Legal statement of witness F;

1. A protocol concerning the examination of a suspect against each part of the defendant by the prosecution (including the two-time and three-time and the whole part);

1. A protocol concerning the examination of partially the police officers against the defendant (including the two-time examination and the whole part thereof);

1. Statement made by the police with regard to F;

1. Details of passbook transactions;

1. Characters of the images of the text message;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification as to whether a member of the National Intelligence Service is an employee of the National Intelligence Service);

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.

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