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(영문) 창원지방법원 진주지원 2015.11.18 2015고단455

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 13, 2008, the Defendant: (a) at the victim C’s house located in Seo-gu Daejeon, Daejeon; (b) deposited KRW 1,00 billion in China, Switzerland, and Japan by a member of D who was a member of D who was a member of the Republic of Korea’s political right, with the deduction of domestic capital; and (c) paid to the victim KRW 100,000 among them; (d) it is necessary to recover the said money at an overseas bank; and (e) there is a need to recover the said money from the overseas bank; and (e) said money would be paid KRW 10,000,000,000,000.

However, since the defendant was designated and distributed as five fraudulent crimes, including the criminal facts that acquired 120 million won by deception, around 2003, the defendant did not have any income nor deposited money in an overseas bank, even if he received money from the victim as a security expense, he did not have any intent or ability to reduce the amount of 10 billion won to the victim.

Ultimately, the Defendant, by deceiving the victim as above, received 30,000,000 won from the victim to the account under the name of E under the same day, from that time until July 11, 2009, was transferred to the account in the name of E, F, G or the Defendant, under the pretext of expenses, etc., all of the amounts of KRW 5,631,00,000,000, in total, from July 11, 2009, as shown in

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on financial transaction details in the complainant's name;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act by which the relevant criminal facts are applicable;

1. The scope of sentence recommended on the sentencing criteria [decision of type] that is not less than KRW 100 million (a person specially punished], and no person is punished by imprisonment for not less than six months but not more than one year and six months;

2. The criminal defendant, who has been sentenced to punishment several times for the same kind of crime, committed the crime of this case at the same time despite the fact that he/she had been sentenced to punishment, and the criminal defendant has been transferred to the same kind of crime, while escape.