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(영문) 서울중앙지방법원 2016.09.23 2016고단3528

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 13, 2015, the Defendant may receive the victim C from a mutually undisclosed restaurant located in the Yeongdeungpo-gu Seoul Metropolitan Government Daelim 2-dong, and upon request from the victim C, the victim C may receive the visa if he/she is a public official who is aware of the entry or departure office within the country and so requested by the public official.

If a visa is to be issued, 8.5 million won is required as a staff member of the immigration management office.

The phrase “ makes a false statement.”

However, the defendant has no intention or ability to obtain a visa through a staff member of the immigration control office.

The Defendant was paid 8,500,000 won to the national bank account under the name of the Defendant in the name of the same day from the injured party on three occasions.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes on a copy of passbook;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person who has no basic area (from June to one year and six months) [the person subject to special sentencing] [decision of sentencing] [the defendant has not made any effort to repay damage while denying the crime; the defendant was sentenced to suspended sentence due to the crime of bodily injury in 2012; the defendant has no record of being sentenced to criminal punishment until now; the defendant's age, sex behavior, environment, motive and background of the crime, circumstances after the crime, etc. shall be considered and determined as the order.