beta
(영문) 인천지방법원 부천지원 2017.04.28 2017고단509

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

around May 2016, the Defendant would be able to supply the victim G with a number of 3.2 million yellow dust in the amount equivalent to KRW 2.160 million in China at the fourth floor office of the mutual infinite building in Gangnam-gu Seoul, Gangnam-gu, Seoul.

In order to do so, the certification for the permission of the Chinese Sanitation Bureau shall be obtained, and the certification fee of KRW 20 million shall be changed to the certification agency cost.The purpose of this is to make a false statement.

However, in fact, the Defendant did not know his personal information to the victim without any confirmation, and did not know how to obtain certification, how to obtain certification, how to obtain certification, and how much specific Chinese companies to receive the Yellow Dust, and how to what extent the quantity of the delivery would be. In fact, the Defendant was in a situation where the Chinese companies to receive the Yellow Dust were not at all determined. Therefore, even if receiving the above money from the victim, the Defendant did not have the intent and ability to allow the victim to deliver the Yellow Dust as above.

The Defendant, as above, received each remittance of KRW 10 million around May 3, 2016, and KRW 10 million around the 10 million around the 10th 10th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to G or D;

1. Each investigation report (the list of evidence Nos. 12, 15, 16, 21, 24, 27, 32, 34, 47, 41-48);

1. Application of Acts and subordinate statutes to a business promotion agreement, a goods supply contract, a statement of entry and departure, confirmation statement, D dispatch note, a statement of transaction in a bank under the name of the suspect, a translation of sales contract, and a statement of account transaction in the name of K;

1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, grounds for sentencing of sentence of imprisonment [the scope of recommendation] general fraud (the scope of punishment shall be less than KRW 100 million).