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Reasons
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(영문) 서울북부지방법원 2016.11.11 2016고단1128
사기
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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Around 19:00 on October 12, 2004, the Defendant stated that “A victim C has received a lot of assistance from the head of the business division of the Vietnamese Republic of Korea. The Defendant would obtain permission to engage in the business of a horse-satisfying area for expenses incurred in issuing a non-funds and a permit to use the money to cover the amount of KRW 27,00,000,000 on the money of Korea.”

However, the fact was that the defendant was known to the head of the Vietnam airspace and the head of the Vietnam airspace, and was not the department in charge of the permission for the place of the place of the place of the place of the place of the place of the place of the place of the place of the place of the departure. At the time, the new issuance of the place of the place was suspended, so it was not certain to obtain the permission for the place of the place of the

The Defendant received USD 25,00 ($ 27,000,000) from the victim in cash from the victim.

2. Around May 2006, the Defendant made a false statement to the effect that “If the Defendant borrowed money from the victim C, even if he borrowed money from the victim C, he did not have any idea to use it as a customs clearance cost, and the Defendant did not have any intent or ability to repay this money, the Defendant would immediately make a customs clearance cost of KRW 7.5 million after 3 to 4 days as customs clearance cost would be refunded to the victim.”

The defendant received from the victim the USD 7500 (7.5 million won) in cash from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act: Imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Article 25 (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation;

1. The Criminal Procedure Act shall bear litigation costs.

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