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(영문) 인천지방법원 2018.06.01 2018고단2074

사기

Text

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

Reasons

Punishment of the crime

On January 2017, the Defendant, at the RR Logistics Center located in Q of Seo-gu Incheon, sent the victim S, who is a workplace partner, a removal-related work to the victim S.

The proposal may be made and the removal work may be attempted when the punishment is in office as a director of the T company.

The revenue amount of not less than KRW 100,000 per month shall be not less than KRW 3 million per day, and the revenue amount of not less than KRW 100,00 per quarter may be collected.

In order to receive the project, it stated that the project should pay KRW 20 million each, which shall be borne by each of them.

However, the defendant did not have the intention or ability to carry out the removal project, and the defendant did not have been employed as a director in the T company, and the defendant was thought to use the money received from the injured party for sports soil gambling or debt repayment.

Nevertheless, the defendant deceivings the victim as above and receives from the victim the amount of KRW 18 million on the 18th of the same month from the victim, and the same year from that time.

5. Until 19.0, as shown in the list of offenses, 49,640,000 won was delivered over 14 times in total as business funds and borrowed money as shown in the list of offenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police against S;

1. Application of Acts and subordinate statutes to the details of transactions by account and a detailed statement of entry and departure transactions;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (the period from six months to one year) of the types of general fraud; and

2. The defendant who was sentenced to the sentence leads to the confession of a crime and the misunderstanding of a mistake.

It seems that the amount of KRW 7 million has been repaid to the victim.

However, there is a lot of money acquired by fraud as 4,9640,000 won.

The injured person requests a strict punishment against the defendant because he/she did not reach an agreement with the injured person.