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(영문) 서울중앙지방법원 2014.01.21 2013고단6496

사기

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is the representative director of Corporation D in Seodaemun-gu Seoul, Seodaemun-gu.

On January 26, 2012, the Defendant told the victim F of the coffee shop, where the trade name in Seoul Jung-gu E building is unknown, that “The Defendant is aware of a large number of the president or directors of the domestic famous cosmetics company, and is highly friendly with the Chinese G Scrodo in China. The Defendant purchased cosmetics in Korea using the same beer, and exported them to China to make investments in the way that much profits are left.”

However, even if the defendant receives investment money from the victim, he/she had no intention or ability to leave the proceeds to the victim by normally running the cosmetics export business.

Nevertheless, the Defendant made a false statement to the victim as above and acquired it by receiving KRW 50 million from the victim to the Japanese bank account in the name of D Co., Ltd. on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on deposit receipts;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [decision of the type favorable to the reasons for the suspended sentence] The reason for the sentencing [Special Sentencing] under 100 million won (decision of the type of punishment] means fraud: In the event that [decision of the recommended area] the mitigated area or damage has been recovered from a considerable part] [decision of the recommended area] one to one year [decision of the sentence] [the scope of the sentence]] 1 to one year (decision of the suspended sentence] 6 months, 2 years in the suspended sentence - although there are considerable damage, the defendant was committed at the time of the crime and committed mistake, there are no specific criminal records other than one suspended sentence, the victim did not have any specific criminal records other than one suspended sentence, the victim was committed by mutual consent with the victim, and the defendant was committed at the age, character and conduct of the defendant, circumstances after the crime, etc.