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(영문) 서울서부지방법원 2020.06.04 2020고단931

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around June 2018, the Defendant called the victim B to the effect that “B,” “B,” “B, in response to gathering money in excess of six trillion won, she is trying to bring back money to Korea. At present, the Defendant left the approval only. However, if the approval was granted within one to two months, the Defendant made a false statement to the effect that “B,” the Defendant would actively assist in the business of selling and selling and selling and selling the mountain chip by selling and selling the mountain chip by selling and selling the mountain chip in return for a large amount of money that is less than the limit of the chairman’s thickness.”

However, in fact, it was false that the above business did not have a person who is the president and brought a large amount of money with the approval of the president. Even if the victim received the mountain ginseng from the victim, there was no intention or ability to pay the price.

On July 31, 2018, the Defendant: (a) by deceiving the victim; (b) received from the victim, an amount equivalent to KRW 20,000,000,000 of the market price of natural mountain ginseng 1rate in front of the post of the D Hospital located in Eunpyeong-gu Seoul Metropolitan Government around July 31, 2018; and (c) obtained the total amount of KRW 115,340,000, including natural mountain ginseng, mountain ginseng, cash, etc. for four times during the period from around that time to September 18, 2018, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to file a complaint, a suspect's name, a camera content with each suspect, a written confirmation, a statement of remittance to a bank, the screen, recording, and a criminal investigation report (preparation of a list of crimes);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 (1) of the choice of criminal punishment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act, following the suspended sentence, and other conditions of sentencing specified in the argument of the instant case, shall be determined as the same as the order.

In the case of unfavorable circumstances, damage is not small.