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(영문) 인천지방법원 2016.04.14 2016고단1158
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 14, 2015, the Defendant, starting from the Incheon Airport and going to China Vietnam, proposed the Switzerland visa (credit card number : card number : C) in the name of the Defendant, who purchased tax-free goods from the aircraft owned by the Defendant, to the non-member of the name selling the tax-free goods within the aircraft, as if he would normally settle the credit card price, and whose transaction has been suspended.

However, the defendant did not have an intention or ability to pay the credit card price normally even if he purchases goods from an injured person with a bad financial standing to the extent of delinquency in paying the credit card price.

The Defendant: (a) deceiving the above crew; (b) paid the above crew by the said card; (c) received the delivery of the amount equivalent to KRW 1,418,040 in the market price of 38 Liber 38,00,000, including 1,418,040, and did not pay the said amount; and (d) obtained property profits equivalent to the said amount by not paying the said amount; and (c) from April 9, 2015 to January 27, 2016, the said Scar whose transaction was suspended as described in the attached crime list from around January 9, 2015 to January 27, 2016, acquired property profits by not paying the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A protocol of seizure and a list of seizure;

1. Details of purchase of tax-free articles in the person under consideration, and personal immigration status of each individual;

1. Application of Acts and subordinate statutes to each investigation report (comprehensive adjustment of the amount of damage, full repayment of the amount of damage, and submission of written agreements);

1. Article 347 of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Criminal Act;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence is in excess of the limit, and transactions are conducted in the United States.

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