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(영문) 인천지방법원 2020.06.11 2020고단2170

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant and the victim R are Vietnamese foreigners of 2020 Ma2170.

On December 2, 2018, the Defendant stated that “The Defendant, in the residence of the Defendant, Seo-gu Incheon S loan T, “The Defendant changed the expenses necessary for the issuance of the test visa to enable the Defendant to enter the Republic of Korea upon obtaining employment visa from the Party’s words, sentences, and booms.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to get the visa issued.

As above, the Defendant, by deceiving the victim as above, received 60,000 won from a corporate bank account (E) in the name of the Defendant on January 10, 2019, under the pretext of the expenses for issuance of visa from the victim, and received 23,162,00 won in total seven times, as shown in the attached list of crimes.

Around December 2018, the Defendant issued an employment visa to the victim U.S. by putting a phone call to the victim U.S. for the purpose that “N. N.V. in Vietnam would be able to work in Korea. Around December 2018, the Defendant issued an employment visa to the effect that the Defendant would be able to receive an employment visa immediately by preparing necessary documents, etc. on the face of KRW 1 million.”

However, at the time, the defendant was thought to be used as living expenses even if he received money from the victim, and there was no intention or ability to get the same child of the victim, who is a Korean national, to be issued with the employment visa of the Republic of Korea.

On December 25, 2018, the Defendant received KRW 1 million from the victim to a corporate bank account (E) in the name of the Defendant and acquired pecuniary profits.

Summary of Evidence

"200 Highest 2170"

1. Statement by the defendant in court;

1. The police statement of the victim;

1. A specification of transactions;

1. "Investigation Report ( Results of execution of a warrant) 2020 Highest 3565";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to victims;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.