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(영문) 수원지방법원 성남지원 2016.06.09 2016고단602

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2015, the Defendants purchased a mobile phone and planned to export it to the Philippines even though there was no special income or property from the early 2015, and attempted to consume all the funds borrowed from the victim C as business funds and profits from the project.

Accordingly, Defendant A purchased and exported a heavy mobile phone from the victim in the E-cafeteria operated by the injured party in Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City around 21:00 on July 2015, 2015.

It is necessary to lend money to a third party to purchase the mobile phone, purchase the mobile phone and pay the money borrowed without money.

“The phrase “ was false.”

Nevertheless, the Defendants: (a) by deceiving the victim as above and receiving one million won in cash from the victim, i.e., the victim; (b) and (c) received delivery from the victim for the borrowed money; and (d) received delivery of KRW 58,400,000 in total from the victim by September 8, 2015, as described in the list of crimes in the attached Table.

Therefore, the Defendants conspired to attract the victim to receive property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for each victim;

1. Documents evidencing the victim's submission;

1. Each internal investigation report, investigation report, and application of Acts and subordinate statutes attached thereto;

1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 347(1) and 30 (inclusive) of the Criminal Act;

1. Selection of imprisonment with prison labor chosen;

1. The Defendants under suspended execution: Article 62(1) of the Criminal Act (the victim does not want the punishment and agreed to pay in installments in the future, and the agreement was submitted only to the Defendant A who is mainly responsible, but the victim in the record does not want the punishment against all the Defendants.

The Defendants of the amount partially returned are the victim on August 23, 2015, 7030,000 won;

8.28.5010,000