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(영문) 인천지방법원 2017.02.16 2016고단8359
사기
Text

A defendant shall be punished by imprisonment for one year.

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 July 28, 2015, the Defendant: “A large number of travels have been cancelled due to memers” to the victim D at a non-displace on July 28, 2015; and, at a good price, Singapore failed to travel. At a level of KRW 500,000 per person, the Defendant may travel at a level of 50,000 won.

‘False speech' was made.

However, even if the defendant received money from the injured party as travel expenses because of economic difficulties at the time, he was thought to use it as personal living expenses, and there was no intention or ability to send the travel to the injured party.

Around July 30, 2015, the Defendant, as above, received KRW 2,00,000 from an enterprise bank (E) account under the name of the Defendant to transfer KRW 500,000 to the same account around August 7, 2015 and received KRW 36,718,000 from 46 victims over 33 occasions as shown in the list of crimes in the attached Table of crimes.

In this respect, the defendant, by deceiving victims, acquired financial benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, F, G, and H;

1. Written statements of D;

1. The application of Acts and subordinate statutes to a criminal investigation report (Submission of F Data), investigation report (Submission of Written Complaint, such as Victim H), investigation report (Submission of Written Complaint), investigation report (Submission of Written Complaint), investigation report (Submission of Written Complaint), investigation report (Submission of Data Makao Stockholm, the complainant), investigation report (Confirmation of K remittance details), investigation report (in relation to the confirmation of date of trip), investigation report (in relation to the confirmation of date of trip), and investigation report (in relation

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protection and observation, and community service order under Article 62-2 of the Criminal Act;

1. Article 32(1)3 and (2) and Article 25 Subparag. 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the scope of liability for compensation is unclear) (the compensation order shall be issued.

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