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(영문) 서울동부지방법원 2016.06.08 2016고단129

사기등

Text

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

Reasons

(b) to deliver machines 4 months after deposit of USD 28,00 ($ 30,000,000) as the down payment, first of all, as the down payment, at US$ 28,000 ($ 30,000,000);

The phrase “ makes a false statement.”

However, even if the defendant receives down payment from the injured party, he did not have the intention or ability to deliver the brush packaging machine normally to the injured party.

On November 19, 2012, the Defendant was transferred USD 28,000 to the foreign exchange bank account (G) in F’s name on November 19, 2012 from the victim.

Accordingly, the defendant, by deceiving the victim, acquired US$ 28,00.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement protocol with respect to C and B;

1. C or a petition for the preparation;

1. A written statement prepared B;

1. Application of a copy of a forged contract, joint investment agreement, written contract, confirmation of purchase of raw materials and description for earning foreign currencies, transaction details by account, e-mail and account transaction details on the complainant, and the details of bank transaction Acts and subordinate statutes;

1. Article 347 (1) (Selection of Imprisonment), Article 231 (Selection of Imprisonment), and Article 234 (Selection of Punishment) of the Criminal Act concerning the facts constituting the crime;

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 for the aggravation of concurrent crimes (the scope of recommended punishment);

1. Type 1 (less than 10 million won) of fraud: Basic area (six months - one year and six months);

2. The basic area (6. - 2 years) of forgery, alteration, etc. of each private document on the use of each private document and each private document on the use of the investigation document * The scope of final sentence due to the aggravation of multiple offenses: June - 3 months (decision of sentence) and 6 months (decision of sentence), and the fact that there was no record of penalty heavier than the fine, etc. are the reasons for consideration.

However, there is no recovery of damage, and the degree of deception is not easy, and the decision is made in consideration of all the sentencing conditions, such as the fact that all the contract money that has forged the contract under the name of another person and acquired through the use of the contract money is consumed within a short time, and the amount of fraud money, etc.