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(영문) 서울중앙지방법원 2014.05.01 2013고단8448
사기
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On May 4, 2011, Defendant B was sentenced to two years of suspended sentence for six months of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (joint confinement) at the Seoul Central District Court, and the judgment became final and conclusive on May 12, 2011.

【Criminal Facts】

The Defendants conspired to acquire money from the victims in the name of the Gu President of the G, by pretending that Defendant B works in CIA (CIA), which is an information agency of the United States of America.

Accordingly, around December 2010, Defendant A made a false statement to the effect that “The victim F, operated by Jongno-gu Seoul Metropolitan Government Victim F, ordered the victim to be detained by the G president and received KRW 1,50,000,000,000,000,000,000 from H, which is the Dong-in of the G president, in return for that order. B is working in CIA (CI) of the U.S. CI, thereby handling this day. Since the need for funds to carry out the G-related life-saving campaign, Defendant A borrowed KRW 30,00,000,000,000,000,000 won, two times within 1 and 2 months.”

However, the facts are that Defendant B did not have worked in the above CIA, and the Defendants did not have any intent or ability to repay the money even if they borrowed money from the victim.

Nevertheless, on January 19, 201, the Defendants acquired the money of KRW 30 million from the victim to the national bank account under the name of the Defendant A as the borrowed money.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Statement of the police statement concerning F;

1. A complaint;

1. Determination as to the Defendants and their defense counsel's arguments regarding the head of a Tong, a statement of payment, a copy of each transaction statement, and a statement of punishment amount inquiry

1. Defendant A was aware that Defendant B was actually an employee of the United States CIA (CIA) and thus, Defendant B, who was in such position, received honorariums through G-related life-saving activities, to the victim.

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