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(영문) 춘천지방법원 원주지원 2017.06.22 2017고단154
사기
Text

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

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person operating a travelr called "E" in Songpa-gu Seoul Metropolitan Government D and 402.

1. On September 8, 2013, the Defendant received KRW 44,200,00,000 from the above victim’s foreign exchange bank account (F) under the Defendant’s name, by receiving KRW 15,30,000 from the said victim, for the following reasons: (a) the Defendant received from the above office the victim C an inquiry about Cambodia’s travel goods; and (b) the said victim received KRW 50,00,00 from the said victim, such as receiving KRW 15,30,00 from the said victim to the foreign exchange bank account (F) on October 8, 2013.

2. On October 2013, the Defendant against the victim G made a false statement to the effect that he/she received the introduction of the said victim from the said victim at the said office and contacted the victim G with the said victim, stating that he/she would purchase 26 aviation tickets of return from the said office, and that he/she received KRW 18,200,000 on November 6, 2013 from the said victim to the corporate bank account (H) in the name of the Defendant and acquired KRW 18,200,000 from the said victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of each payment letter, a written confirmation of details of transactions, inquiry of the results of transfer processing, a statement of account transactions in a foreign exchange bank, a detailed statement of account transactions in an enterprise bank, data on response to enterprise bank account, and data on response to

1. The application of Acts and subordinate statutes to each investigation report (for example, 28,30) at a moment;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing [the scope of recommending punishment] (the scope of liability for damages is not clear solely on the basis of the data submitted by the applicant for compensation) under Article 32(1) and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of the Application for Compensation, as the applicant agreed to receive the amount of damages remaining after receiving compensation for a fixed amount of damages in the future, the reason for sentencing [the scope of recommending punishment] general fraud.

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