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(영문) 서울남부지방법원 2019.09.19 2018고단4498
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

[criminal power] On May 31, 2018, the Defendant was sentenced to a suspended sentence of two years in the Seoul Central District Court for the purpose of fraud. On June 8, 2018, the judgment became final and conclusive.

【Criminal Facts】

around March 10, 2016 and around May 4, 2016, the Defendant made a false statement to the effect that “Around March 10, 2016 and around May 4, 2016, at the victim C’s office in the second floor, USD 330 billion applied to the Government of the United States of America is kept in the house by finding a pro-friendly loan in the United States while obtaining approval from the Government of the United States of America. To receive this money, the Defendant would lend KRW 10 billion to the Government of the United States of America on deposit following the following day.”

However, even if the defendant received money from the victim, he did not have the intention or ability to lend ten billion won to the victim.

Nevertheless, on May 4, 2016, the Defendant, by deceiving the victim as above, received 3 million won from the national bank account (E) in the name of D on the pretext of foreign capital inducement fees, expenses, etc. from the victim, and acquired 4 million won and 7 million won in total from the same account on or around the 6th day of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. The statements made by the witness F, G, and part of the legal statement made by the witness C [the statement made by the victim is consistent and consistent with the main part of the statement made by the criminal investigation agency to the present court (However, it was different from the previous statement made by the defendant when it comes to this court, but the content of the statement made by the victim or the statement made by other witnesses in the investigation agency seems to be erroneous and erroneous in light of the victim's statement or the statement made by

A) Specific points, witness G, and F’s testimony support the victim’s statement, and the Defendant borrowed part of the Defendant’s statement at an investigative agency (hereinafter “30 billion Won”) from the fee related to attracting USD 10 million. If the Defendant borrowed it, the victim is the victim.

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