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(영문) 서울남부지방법원 2015.06.25 2015고단1539
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 23, 2013, the Defendant was sentenced to a suspended sentence of one year and six months for fraud in the Incheon District Court Branch Branch of the Incheon District Court, on May 31, 2013, and the said judgment became final and conclusive on May 31, 2013, and on July 18, 2014, the said judgment became final and conclusive on July 26, 2014, by being sentenced to two years of imprisonment for fraud in the same support.

1. On December 14, 2012, the Defendant: (a) made a false statement to the effect that “A” working for the Defendant in Gangnam-gu Seoul, while the fact is not having an intent or ability to repay money from the victim D even though he/she borrowed money from the victim D; and (b) obtained money from the victim by transfer of KRW 10 million to the national bank account (Account Number: E) in the name of the Defendant on the same day from the victim to the victim’s bank account in the name of the same day.

2. On January 17, 2013, the Defendant: (a) at the place indicated in paragraph (1) around January 17, 2013; (b) on fact, the Defendant did not have been responsible for legally washing down illegal funds; and (c) did not have to receive the commission, the Defendant received from the victim D cashing KRW 20 million in cash as the cost of money laundering in that place; (d) “I would like to change USD 1,000,000,000,000,000 won prior to the introduction of the financial real name system; and (e) would have received 20,000,000 won in cash as the cost of money laundering in that place.” (e.g., preparing KRW 40,000,000,000 in each week).

3. On April 15, 2013, the Defendant: (a) by deceiving the Defendant in a coffee shop near “C” as described in paragraph (1); and (b) obtained KRW 10 million in cash from the victim; (c) obtained KRW 4 million from the Defendant’s account as indicated in paragraph (1); and (d) acquired KRW 14 million in total from the Defendant’s account as indicated in paragraph (1).

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each prosecutor's protocol of examination of part of the accused (including D's statement);

1. The police of D. D.

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