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(영문) 대구지방법원 경주지원 2015.08.27 2015고단531

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2012, the Defendant, at his office located in Gwanak-gu in Seoul Special Metropolitan City, issued D with customs clearance fees of KRW 50,00,000,000,000,000,000,000,000 from his office located in Gwanak-gu in Seoul Special Metropolitan City, and paid the principal and interest of KRW 50-3,00,000,000. The Defendant, “a person who lends money, shall pay the principal and interest of KRW 3-4,00,000,000,000,000,000,000,000,000,000,000,000,000.

However, in fact, the Defendant did not have any revenue from a private letter of credit, and there was no intention or ability to normally conduct the business of importing private credit because the Defendant was planning to consume the money borrowed from the victim as a bond brokerage commission because it did not have any funds for the secured amount of KRW 70 million.

As such, the Defendant, by deceiving the victim as such, shall be KRW 17 million on the same day under the pretext of borrowing from the victim.

6.7.Around July, 2000 won was remitted, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Statement made by the police with D (including the E and H part of the statement);

1. Investigation report (to hear statements by a complainant H telephone);

1. Application of Acts and subordinate statutes to copies of passbooks, a statement of savings deposit transactions, and a copy of payment note;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The amount of damage on the grounds of sentencing under Article 62(1) of the Criminal Act is not significant, and the agreement is reached, and the fact that the defendant is the primary offender is favorable.

However, in consideration of the method of committing the instant crime, the background leading up to the agreement, and the age, character and conduct, environment, the motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the records of the instant case, such as the circumstances after the instant crime, the punishment shall be determined as ordered.