(영문) 서울북부지방법원 2017.12.20 2017고단2733

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(영문) 서울북부지방법원 2017.12.20 2017고단2733

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 100 million won to the applicant by fraud.

Reasons

Punishment of the crime

On January 7, 2008, the defendant, together with D, knows that the victim C is well aware of the warehouse in which Gu currency and U.S. government bonds are kept.

100 million won was falsely called as "on the face of the week, the currency of the Gu and the U.S. government bonds shall be commercialized and KRW 500 million shall be awarded within five days."

However, there was no old or U.S. government bonds, and even if the defendant and D received money from the injured party, they did not have the intention or ability to reduce KRW 500 million within five days by using the old or American government bonds.

Accordingly, the defendant, in collusion with D, by deceiving the victim as above, and by receiving KRW 100 million from the victim, he obtained the delivery of the same day.

Summary of Evidence

1. The defendant's assertion as to the defendant's assertion on the defendant's legal statement of the witness C in the court testimony of the court of the prosecution (including D's partial statement and C's statement) cash custody certificate, his check investigation report [Attachment of the copy of the real estate register], investigation report [related to the suspect's defense], the defendant's assertion as to the defendant's assertion was made by contact with information on the method of gaining profits from the cashization of U.S. government bonds from around 2002 and directly invested 200 million won. The defendant delivered the U.S. government bonds to E which D takes 80 million won out of the amount of 100 million won suffered from the victim's 20 million won. The defendant sought to pay the U.S. government bonds to F in addition to the remaining 20 million won amount of 20 million won, but E and F did not comply with the defendant's promise, thereby not deceiving the victim and by deceiving the victim.

2. Comprehensively taking account of the following facts acknowledged by the above evidence, the above facts constituting the crime are sufficiently recognized.

A. From around 2002, there was a relationship with the victim

D, around January 2008, the victim is well aware of the defendant with the U.S. Government Bond Manager.

유사 판례

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