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(영문) 인천지방법원 2020.08.13 2020고단5150

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 25, 2018, the Defendant stated that “A victim C was in custody and management of the funds of high-quality people in a warehouse at the Gangnam-gu Seoul B hotel lecture,” and that “a person was responsible for mixing with the police, and the fee is good.” The Defendant may bring about a truck of USD 1-200 million from the warehouse on the face of the State, which may bring about a truck of USD 100 million from the warehouse, namely, a truck of USD 10 billion from the face of the State, which would return KRW 10 billion to KRW 10 billion on the face of the State.”

However, in fact, the Defendant did not have any work to keep and manage the funds in the warehouse, and there was no intention or ability to return the funds that the Defendant promised to receive from the victim, even if he did not receive any expenses or money from the victim, since the said fees did not have any way to manage the funds in the warehouse.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 100,00 from the victim as the security guard around September 25, 2018, the Defendant received KRW 122,662,642 in total 88 times from the victim, as shown in the list of crimes in the attached Table, from December 11, 2019.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement C in the police interrogation protocol of the accused on the accused's legal statement (second-time interrogation);

1. C The application of the Act and subordinate statutes to the police statement statement investigation report (Frencha company investigation - Vehicle verification), investigation report (Securing details of financial account transactions - Securing A) investigation report (name A);

1. The relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act that prescribes the applicable criminal facts, the reasons for sentencing choice of imprisonment with prison labor;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] shall be limited to fraud [the type 2] at least KRW 100,000 and below KRW 500,000 (the amount of special punishment].