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(영문) 대구지방법원 서부지원 2016.08.25 2016고단1466
사기
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

The Defendant is a person who has served as a manager of a “Cresh Golf Course” located in Gyeyang-gu, China, Chungcheongnam-gu.

On December 2, 2013, the Defendant, at “D coffee shop” located in the Cheongyang-gu, Cheongyang-gu, China, Cheongyang-gu, the Defendant, as of December 12, 2013, can take over the “F scrap golf course” if the victim E, who became aware of only the “Cshack-gu,” as the customer of the said “Chack-gu,” provided that the “F scrap-gu,” would take over the “F scrap-gu,” and then divide the profits if the Defendant would take over the “Fsh-gu,” 90,000 won (which is equivalent to KRW 170,00,000,000).

“The phrase “ was false.”

However, at the time, the Defendant was planned to use the money for personal purposes even if receiving money from the injured party, and thus, there was no intention or ability to acquire the “F scraping golf course” and divide the profits.

As such, the Defendant, by deceiving the victim, received from the victim, a 400,000 won (one million won (one hundred and five million won) from the victim on January 9, 2014, from the Chinese bank account (G) in the name of the Defendant, and acquired the victim by transfer each of the above 50,000 won (one hundred and fifty million won) around the 22th of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of H in a written investigation of the suspect against the defendant (two times, questioning of the suspect, etc.);

1. Statement made by the police for E;

1. Each investigation report (No. 3, 4 of evidence records);

1. Report on internal investigation (Submission of material of truth) - Application of Acts and subordinate statutes, such as a certificate;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing of selective sentence of punishment / [the scope of recommendation] : The basic area (1 to 50 million won) of types 2 (10 million won or more, or less) and basic area (1 to 4 years): None of the sentencing factors is a large amount of money that the amount obtained by the defendant from the damaged person is about 90,000 Chinese currency (170,000 won). The fact that the damage has not been recovered until now, and the defendant's last 50,000 won out of the above amount was remitted from the injured person, and entered the Republic of Korea as of the day after receiving the last 50,000 won bill from the injured person.

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