사기
Defendant shall be punished by a fine of KRW 4,500,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Punishment of the crime
The defendant is a shipbuilding of the People's Republic of China, who works in the construction site as a worker on a daily basis.
1. On June 2015, the Defendant: (a) false statement on the victim D’s fraud, that “within F teas located in Gyeonggi-si Eth of the end of the game, the Defendant issued the victim D (China, female, 43 years old) a visa to get Chinese family members C-3 (Medical Tourism) visa and tourism visa issuance; (b) KRW 500,000 per person; and (c) KRW 1 million per tourism visa issuance.”
However, the facts did not have the intention or ability to accept the issuance of the visa.
As such, the Defendant, by deceiving the victim, received KRW 12 million from the victim to the Agricultural Cooperative G account under the name of the Defendant on July 12, 2015, KRW 500,000 on July 20, 2015, and KRW 5 million on August 11, 2015, respectively.
2. On July 15, 2015, the Defendant: (a) at the F tea room located in Gyeonggi-si E, Gyeonggi-do around 10:30 on July 15, 2015, the Defendant issued a false statement to the victim H (the Chinese people, women, and the age of 42) stating that “F-6 (Marriage) is a down payment that will reduce a visa to F-5 (Marriage sovereignty) to a visa; (b) KRW 1.5 million to a visa; and (c) KRW 500,000,000 for a visa to pay liquor tax.”
However, even if the defendant receives money from the injured party, there was no intention or ability to change the defendant to a person with no permanent sovereignty.
The Defendant, by deceiving the victim as such, received KRW 1.5 million from the victim to the Agricultural Cooperative Account in the name of the Defendant on the same day under the name of non-party issuance.
Accordingly, the Defendant was accused of the victim D or H, and received the remittance of KRW 12.7 million.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or H;
1. Recording recording recording and reporting;
1. A copy of each statement of transactions, a copy of receipts, a copy of a deposit statement, a statement of cash withdrawal transactions, and each receipt;
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.