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(영문) 서울중앙지방법원 2020.10.22 2019고단3649
사기
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant was a person serving as the “C Director” responsible for realizing B funds in the amount of KRW 350,000 managed by the Government’s confidential information, and as to D, two years have passed since the trial was conducted separately, and the sentence was finalized.

(Seoul Central District Court 2014No. 2236) is a person who serves as the secretary of the office of "C Chairperson" in charge of raising funds necessary for raising underground funds at the direction of the defendant.

The Defendant directed D to the effect that “The investor is a member of the secretariat of the chairperson A in charge of C, and the chairperson of A is required to obtain approval from six government ministries to real name the real name of KRW 350 of the underground funds of the Republic of Korea.” The Defendant made a false statement to the effect that “B is a member of the secretariat of the chairperson A in charge of C, and the chairperson of A is required to obtain approval from six government ministries to real name the real name of KRW 350 of the underground funds of the Republic of Korea.”

However, the above underground funds did not exist, and the defendant did not carry out the real name work of underground funds.

Therefore, around March 3, 2008, the Defendant made a false statement to the victim at H’s coffee shop located in Jung-gu Seoul, Jung-gu, Seoul, and acquired 50 million won from the victim.

In addition, the Defendant conspired with D in collusion with D on March 3, 2008, such as the statement of the list of crimes in the attached Form for the purpose of realizing the real name of underground funds.

8. Until December 28, 200, a total of KRW 190,69 million was received from the victim and acquired it by deception.

Summary of Evidence

1. Application of Acts and subordinate statutes on the statement of the police to the defendant, the prosecution against D, and the police interrogation protocol (including the F substitute part), the details of the passbook transaction, the complaint, the fact confirmation, and the investigation report attached to the judgment of the accomplice;

1. Article 347 of the Criminal Act of this Act concerning criminal facts.

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