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(영문) 서울남부지방법원 2016.11.25 2015고단1540
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On July 22, 2016, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Southern District Court on September 26, 2016 and the said judgment became final and conclusive on September 26, 2016.

【Criminal Facts】

On June 201, the Defendant, along with B, etc., conspiredd the victim C to acquire money from the victim by deceiving some of them as if they were to have lent expenses necessary to collect money from the victim C with a large amount of money left to the bank.

Around June 11, 2011, the Defendant, along with B, made a false statement that “A victim C (70 years of age) was unable to know the trade name in the Gangseo-gu Seoul Metropolitan Government Daegudong,” to the Defendant, “A computer chip is necessary to deposit and die in the bank and withdraw the money. A bank may withdraw money of KRW 30 million with a bank’s credit chip if it is the State. Moreover, the Defendant may withdraw money with a bank’s credit chip.”

In fact, however, there was no person who was killed in the bank, and there was no intention or ability to withdraw money, money, gold, etc. from the bank deposited with a computer chip as well as from the bank.

Ultimately, the Defendant, in collusion with B, etc., by deceiving the victim as above, obtained a total of KRW 30 million from the victim, such as 10 million cashier's checks, 2.5 million cashier's checks, 1 million cashier's checks, and 5 million cashier's checks.

Summary of Evidence

1. The defendant's partial statement in the eighth trial records;

1. Legal statement of the witness B;

1. The second prosecutor's protocol of examination of the accused partially;

1. Second police suspect interrogation protocol against the accused (including the C’s statement);

1. Examination protocol of police suspect regarding D;

1. Statement to C by the police;

1. Investigation report (Attachment of the details of issuance of checks);

1. Copies of cashier's checks and cash custody certificates;

1. Previous convictions: Decisions and ..

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