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(영문) 서울중앙지방법원 2017.07.06 2017노1389

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Nos. 1 through 7 of seized evidence.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by mistake of fact, did not have conspireded or participated in the instant crime, and did not have any intention to commit the crime.

B. The sentence of the lower court (two years of imprisonment with prison labor) is too unreasonable.

2. Determination

A. (1) The summary of each of the facts charged in the instant case is as follows: (a) The summary of each of the facts charged in this part of the facts charged is as follows: “The Defendant conspireds with the names of those who use the names of C, D, E, F, G, etc.; (b) even if the Defendant received money from the injured party under the pretext of transportation expenses, etc., he/she shall bring 3.5 billion U.S. dollars into Korea and transfer it to the injured party; or (c) even though he/she did not have the intent or ability to invest 2 billion won in the injured party, C is working in the Sinria dispute area currently with the injured party via Pins North Korea around the end of May 2016.

미화 총 350만 불을 보관하고 있는데 현금 뭉칫돈을 해외에서 반입하려면 운송비가 필요하다.

It will be 2 billion won investment to the Party in order for the Party to purchase an aircraft for training to help with money.

’ 는 취지로 거짓말하고, D, E, F, G 등은 마치 C가 시리아에서 근무하는 미국 육군 간호사이며 C의 현금 뭉칫돈을 영국, 일본 등으로 운송하면서 운송비 등이 필요한 것처럼 행세하거나 거짓말하고, 피고인은 2016. 11. 27. 경 서울 용산구 K에 있는 L 식당 내에서 피해자에게 ‘ 나는 외교 전문가이고 이런 일을 한국에서 여러 파트너를 상대로 많이 해 왔다.

If an airport customs clearance fee of KRW 20 million is sent to a new bank account (Account Number N) and a company bank account (Account NumberO) account in M, it will exceed 3.5 million.

“A false statement to the effect that it was received from the victim H cock bank (BNGK PUBLCO) account (Account Number Q) in the name of P (P) around June 15, 2016 from the victim H, with the amount of US$ 5,200.