(영문) 수원지방법원 안산지원 2015.04.29 2014고단2563

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(영문) 수원지방법원 안산지원 2015.04.29 2014고단2563

사기

Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On August 23, 2013, the Defendant made a false statement to the victim, who entered the Republic of Korea from Marcar to Hong Kong, with the victim C, to exchange won currency to unspecified customers with Hong Kong dollars, and received fees from them. In addition, on August 23, 2013, the Defendant made a false statement to the victim, who entered the Republic of Korea by telephone from Marcar to China, 2013.

However, there was no intention or ability to purchase Hong Kong dollars with the money received from the victim.

On the same day, the Defendant received from the victim the transfer of KRW 28.8 million, KRW 50 million, KRW 40.8 million, and KRW 129.6 million, in total, three times, from the victim, to the Agricultural Cooperative Account in the name of the Defendant designated by the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Financial transaction statement;

1. The Defendant asserts to the effect that he is not guilty, because the Defendant received money under the pretext of settlement of money invested by the Defendant.

The court's adopted evidence and duly completed the evidence reveals the following circumstances: (i) although the victim's legal statement is partially different from the victim's statement in the police, it may be deemed that the victim's statement was made in fear of being punished for unlawful exchange, etc.; (ii) the victim's statement appears to be credibility in full view of the overall contents of the victim's legal statement; and (iii) the defendant fails to submit any materials consistent with his/her assertion, such as "the details of money invested by the victim" and "the basis for calculating settlement payments"; and (iii) the victim appears to have lent most money to the defendant immediately after receiving a request from the defendant for remittance of the amount of damage amount in this case from the victim. At that time, the victim was

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