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(영문) 서울중앙지방법원 2014.05.14 2014고단1669
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

When the Defendant listens to the statement that the victim E, who runs loan brokerage business from D, is seeking to find funds worth KRW 10 billion, the Defendant intended to acquire the victim’s money by pretending that it would be possible to mobilize the victim’s money by using the fact that the forged promissory note is indicated to have been deposited at a financial institution if it is deposited into the account, even if it is forged, by presenting it to the financial institution.

On August 31, 2012, the Defendant: (a) deposited 10 billion won in the bank account (Account Number G) in the name of K with a forged face value of KRW 10 billion at the intersection of Korea Bank in Jung-gu Seoul, Jung-gu; (b) deposited the said account in the bank account in the name of K; (c) made the balance of the said account to be recorded in the passbook as if there were causes of ten billion won; and (d) issued the above bank account copy, personal seal impression, resident registration copy, etc. under the name of K to J, who is an employee of the said victim via D through D; (c) pretended to have actually possessed KRW 10 billion; and (d) obtained the said KRW 17.5 billion from the victim, namely, the money for financing KRW 10 billion from the tin for four days.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of suspect interrogation by the prosecution against J (including E part of the statement);

1. Each prosecutor's statement concerning F and D;

1. Each police statement to E and J;

1. Application of a copy of a bankbook, a financial transaction certificate, a statement of transactions of an automatic cash withdrawal machine, and receipt statutes;

1. On August 31, 2012, the Defendant rendered a judgment as to the assertion of the Defendant and his defense counsel under Article 347(1) of the Criminal Act regarding criminal facts, and the Defendant deposited the forged promissory note with the face value of KRW 10 billion into the bank account in the name of F to deliver to D a copy of the passbook, etc. stating the balance of the above account as if it were causing ten billion won, and only received KRW 17.5 million from D, and the victim E only received money from the victim E.

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