beta
(영문) 의정부지방법원 고양지원 2014.07.24 2014고단422

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On June 2012, 2012, the Defendant: (a) in any Ghana located in the Gangnam-gu Seoul Cheongdamdong, Gangnam-gu, Seoul, and (b) in the victim B, known of the powder exported to a foreign country; (c) such work is not possible and is only qualified. When investing in the secondary export business, the Defendant may make profits from KRW 1,00,000 to KRW 5 million. (b) The Defendant said that the Defendant invested KRW 15,000,000,000,000,000,000,000,000,000.”

However, the defendant did not have invested in the secondhand export business, and even if he received money from the victim, he did not intend to use it only for the repayment of living expenses or personal debts, and did not have the intent or ability to return the investment profits or the investment funds to the victim.

Nevertheless, the Defendant, by deceiving the victim on July 4, 2012 from the victim, received KRW 10 million from the foreign exchange bank account (Account Number: C) of the Defendant, and received KRW 5 million from the said account on July 5, 2012, and acquired KRW 15 million in total.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of the police protocol protocol law to B

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

2. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant recognizes and reflects the facts charged in this case, that the victim does not want the punishment against the defendant by mutual consent with the victim, that there has been no previous criminal records so far, and other sentencing data presented in the pleadings such as the defendant's age, character and conduct, environment, and criminal records were taken into account. In addition, it also refers to the "Sentencing Criteria for