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(영문) 광주지방법원 목포지원 2015.04.30 2014고단1582
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant is married to Vietnam with C who is a national of the Republic of Korea in Vietnam on July 6, 2012, and operates food stores with the trade name of “EM” in Yong-gun, Jeonnam-gun.

Around August 28, 2013, the Defendant concluded that, “Around August 28, 2013, the victim F is aware of the food store in Vietnam with the immigration control office’s personnel, who knows it well with the Korean consular official located in Vietnam. The invitation cost may be charged for money by inviting the family members in Vietnam to Korea.”

However, the defendant was planned to allow the victim to enter the Republic of Korea as a tourism visa who is only three months of the period of stay, and there was no ability or intention to attract them to pay money.

As above, the Defendant, by deceiving the Victim F and receiving KRW 3,480,000 from the Victim F, for the purpose of attracting expenses around August 28, 2013, received KRW 3,488,00 from the Defendant’s agricultural bank account from the victim, from that time until December 30, 2013, and received KRW 3,786,00 in total from three victims, as shown in the list of crimes in attached Table, from December 30, 201

Summary of Evidence

1. Defendant's legal statement;

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

1. Request for cooperation (Evidence No. 180) and reply to the fact-finding (Evidence No. 183 page of the Evidence);

1. Details of account transactions (record No. 60 pages of evidence);

1. A statement of details of trading (Evidence No. 67 pages of the evidence);

1. Application of Acts and subordinate statutes to each duplicate of a bankbook (Evidence No. 109 pages, No. 113 pages);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Type 1 (less than 100 million won) of the general fraud;

2. Determination of the scope of sentence: Reduction area, from one year to one year (a person who is subject to special mitigation shall not be subject to punishment);

3. Sentence;

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