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(영문) 서울북부지방법원 2019.10.18 2019고단2538

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 21, 2018, the Defendant made a false statement to the victim B by phone to the victim B at a place below Mcaro (on-site time) at a French point below 13:00 on November 21, 2018, stating that “When sending USD 1 in Hong Kong, she will exchange it and pay it in Chinese currency immediately.”

However, even if the defendant received USD Hong Kong from the victim, he did not have the intention or ability to send it to the victim by exchanging it into Chinese currency.

Ultimately, the Defendant, by deceiving the victim as above, received USD 270,000 from the victim to the Defendant’s account at around 13:51 (Local Time in Makao) on the same day, and received USD 270,000 in total from USD 477,81,60 in Hong Kong (Korean Won 67,81,600) on the same day to the same account at around 22:27 (Local Time in Makao) on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. 위챗 대화내역, 입금내역, C 계좌내역

1. Application of Acts and subordinate statutes to a criminal investigation report (to hear statements by a complainant), a criminal investigation report (to confirm the exchange rate of Hong Kong$), an investigation report (to confirm the difference between the Republic of Korea and the Mcaro);

1. Although the pertinent provision on criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, Article 347(1) of the Criminal Act, the reason for sentencing sentencing of imprisonment with prison labor is that the crime was committed by deceiving Hong Kong (Korean 67,811,600 won) is not good in light of the size of the damaged amount, the circumstances before and after the crime, etc., the damage recovery is not made at all, the victim did not lose the Hong Kong dollars delivered from the victim and did not exchange it. However, there is no submission of any material to acknowledge it, each of the above circumstances shall be determined as the sentence as described in the disposition, taking into account the character, conduct, environment, family