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(영문) 수원지방법원 안산지원 2017.04.14 2016고합334

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant around August 6, 2015, around Yongsan-gu Seoul Metropolitan Government, is managing the victim S of the victim's "T in the U.S. national defense branch, and the former president's funds are managed by the Korean team.

On the face of the face of KRW 500,000,000, a discharge check issued in the U.S. defense issue, and the check shall be paid KRW 500,000,000,000,000,000,000,000,000, and if the former president disposes of the cash and USD 500,000,000,000,000,00,000,00

“A false statement” was made.

However, the defendant did not have any relation with the former president's non-funds, and even if he received money from the injured party, he did not have an intention or ability to pay the profit as promised.

Nevertheless, the defendant deceivings the victim as above and obtained 500 million won of the check from the injured party on the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the statement in S);

1. Statement by the police against S;

1. Investigation reports ( Results of execution of a warrant of search and seizure verification), each investigation report ( telephone conversations between a drawee of a check and a telephone conversation), and the application of statutes;

1. The reason for sentencing under Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act concerning the crime;

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 30 years; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of fraudulent crimes].

1. Type 3 (at least KRW 500, but less than KRW 5 billion) (no person subject to special sentencing) as to the general fraud (the scope of recommended punishment)

3. Although the Defendant has been sentenced to punishment by deceiving a large amount of money under the pretext of managing the former president's funds and exchanging the currency of the former authority, etc., the Defendant committed the instant crime under the same type of crime under the same method, and the defrauded amount reaches KRW 500 million.