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(영문) 부산지방법원 동부지원 2017.10.11 2017고단1280
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 28, 2014, the Defendant made a telephone call to the victim B to obtain reasonable profits if he/she has invested in the third financial right known to him/her.

US$ 15,000 is to return the profits of US$ 2,500 to the principal after one year after the beginning of the week.

“A false representation was made.”

However, in fact, the Defendant, who received US dollars from the clients in the U.S. and carried out the foreign exchange business in the manner of "recoveration" in Korea, by using the term "recoveration" in which Korean won equivalent to the same amount was delivered to the receiver. Even if the Defendant received money from the victim, he did not have the intent to use the Defendant's personal debt or the payment of Korean won currency equivalent to the above re

In addition, the Defendant: (a) by deceiving the victim as above; (b) received KRW 3,00,000 from the victim to the new bank account in the name of C around January 28, 2014; and (c) received the total sum of KRW 16,256,256 ($ 15,000) on five occasions from around that time to February 4, 2014, and acquired it by deception, as shown in the crime inundation list.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B, D, and E;

1. Application of Acts and subordinate statutes to the screen of account transactions, investigation reports (as to the account opened immediately from B), investigation reports (as to the account opened in the Republic of Korea of a suspect A), investigation reports (as to the account opened immediately after entering the Republic of Korea of a suspect A), investigation reports (to attach a copy of passbook in the name of a witness D), investigation reports (as to the reference witness’s E phone statement), investigation reports (a family relation certificate and attachment of entry or departure details), investigation reports (a confirmation of the remittance details, etc. of E mobile phone cell phone suspects), and

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is to guarantee high profit.

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