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(영문) 서울서부지방법원 2014.07.08 2013고단2991

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Even if the defendant received money from the victim, he did not have the ability to import rare soil from China.

At around 19:00 on December 3, 2012, the Defendant: (a) obtained the victim’s wife, victim, and E at a “D hotel” restaurant of not more than 20,000 won in Seoul; (b) obtained the victim’s fluorial ties of China; (c) thereby, imported rare soil produced in China into Korea; (d) would be 20,000 tons per year; (c) the Chinese management should be 5 million won per person; and (d) obtained the victim’s 10,000 won in cash from the victim’s bank on May of the month; and (e) obtained the victim’s 1,00,000 won in cash from the victim’s name; and (e) obtained the victim’s 1,500,000 won in cash from the victim’s 200,000 won in advance; and (e) obtained the victim’s 1,000,000 won in the name of the Defendant’s 1,700,00,00,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J, E, and K;

1. Statement of the police with J: 1. Application of Acts and subordinate statutes of the accusation and recording record;

1. Article 347(1) of the Criminal Code of the relevant criminal facts, the reason [the scope of recommending sentence] for sentencing choice of imprisonment with prison labor / [the scope of recommending sentence] the basic area (6 to 100,000 won) (6 to 100,000 won) of the criminal facts / [decision of sentencing] the defendant did not have any record of being punished for the same criminal acts, but denies the crime of this case