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(영문) 수원지방법원 2018.09.04 2018고단3277
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person engaged in the business of importing and selling fixed boats.

The Defendant, at around July 2017, at the “F office,” operated by the Defendant located in Ma in Y, the Defendant, “F” in the U.S. around 2017, is responsible for and ongoing to import and sell and settle sets if he/she is waiting for a large number of buyers to the U.S., and pays at least KRW 130 million within three months, including at least 50% of the profits.

“.......”

However, in fact, the defendant thought that the purchase price received from the injured party was used for the purpose of paying the defendant's obligation, etc., and did not have the intention or ability to use it as the revenue fund.

On July 14, 2017, the Defendant, by deceiving the victim, received KRW 95 million from the victim, to the agricultural bank account under the name of the Defendant, and acquired KRW 15 million in total from the same account around the 19th day of the same month, and acquired KRW 110 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Two-time protocol concerning the examination of suspect of the police against the accused;

1. A written agreement and a certificate of contents;

1. Account transactions (Agricultural Cooperatives G);

1. Application of Acts and subordinate statutes reporting investigation results;

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

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

1. Reasons for sentencing under Articles 32(1)1 and 26(1) (in cases of an application for compensation filed by an applicant for compensation, the application shall be in the form of an incidental law upon the closure of pleadings) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit to Dismiss the Application for Compensation;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the basic area (one year to four years) of the recommended punishment [the scope of the recommended punishment] and the basic area (the amount of at least KRW 100,000, but less than KRW 500,000] of the recommended punishment;

2. The defendant who has been sentenced to a sentence shall import heavy beams and resell them in Korea and divide profits into profits;

Degnating and deceiving 110 million won from victims.

However, the defendant's obligation is the money that he received from the injured party.

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