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(영문) 서울동부지방법원 2016.07.21 2016고단1411

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 2015, the Defendant made a false statement to the victim B, “On the front of the 4-dong-gu Seoul Special Metropolitan City, Gwangjin-gu, the Defendant sent KRW 10,000 won to the victim B, as he/she had worked in an immigration management office and would give him/her an extension of his/her stay at the request of the head of the immigration management office.”

However, even if the defendant receives the expenses of stay from the injured party, the defendant did not have any intention or ability to extend the stay of the injured party or to request it.

The Defendant, as such, by deceiving the victim, received a total of KRW 10 million from the victim, including KRW 5 million on August 5, 199 and KRW 5 million on December 12, 199.

2. On October 2015, the Defendant issued a visa with employment of a Chinese spouse to Korea at a restaurant operated by the victim D in Seoul Special Metropolitan City (hereinafter referred to as Seoul Special Metropolitan City’s Seocho-gu) on the early 2015.

A false statement was made to the effect that the fee is KRW 8 million.

However, even if the defendant receives the expenses of stay from the injured party, the defendant did not have any intention or ability to extend the stay of the injured party or to request it.

The Defendant, as such, by deceiving the victim, received a total of KRW 16 million from the victim, including KRW 8 million on the 21st of the same month and KRW 8 million on the 28th of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. Details of withdrawal of each passbook, and application of statutes on a letter prepared by the defendant's punishment;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of punishment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria (the scope of recommended punishment) and the general fraud;