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(영문) 인천지방법원 2018.12.21 2018고단3824

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who engages in malicious export and import business, and the victim C is a person who engages in malicious wholesale and retail business.

On December 8, 2016, the Defendant: (a) imported 25,000 sets of foreign trademarks and sold them in the Republic of Korea to the victim on a closed ground on December 8, 2016; and (b) received money from the victim until the end of February 2017, the Defendant would import and supply the said 25,000 sets of money.

“False speech was made to the effect that it was “.”

However, in fact, the Defendant had a personal debt worthing to KRW 150 million at the time, and approximately KRW 4 million should be disbursed only to the interest on the above obligation every month, while there was no particular property or income, and there was no intention or ability to import and supply 250,000 sets of money until the end of February 2017, since the Defendant was planned to receive money from the injured party to use it for business operation funds, living expenses, etc., not to give other revenue.

Nevertheless, the Defendant received from the injured party a total of KRW 57,50,000 from the same day to April 7, 2017, the sum of KRW 57,50,000,00 from the new bank account (D) in the name of the Defendant under the name of other amount to be reduced six times, such as the statement in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation (a statement by a complainant);

1. Character messages, application of the relevant Acts and subordinate statutes on banking transactions;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment in accordance with the sentencing guidelines [type of determination] Scope of the recommended punishment [under KRW 100,000] - In the event that punishment is not imposed or considerable damage is recovered, [the scope of the recommended punishment] 1 month to one year [the general sentencing person] - Reduction element: serious reflectiveness;