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(영문) 서울중앙지방법원 2016.07.21 2015고단5113
사기
Text

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

Reasons

Punishment of the crime

On August 8, 2013, the Defendant: (a) at the office of the Defendant located in the Dongdong-gu (State); (b) at the office of the Defendant located in the Dong-gu (State); (c) the office of the Defendant located in the (State)C was leased at the rate of KRW 1,00,000 per month from the (State)C; and (d) there is no relation with the said company; and even if the Defendant received money from the victim D, the Defendant did not have the intent or ability to establish the L/C for the (State) EE, as the actual operator of the CC, had the intention or ability to establish the L/C for the (State) E; (b) deceiving the victim as if he had the intention or ability to establish the L/C for the said purpose; and (c) deceiving the victim by deceiving the cost of opening the L/C from the damaged person on August 12, 2013; and (d) transferred the total amount of KRW 2,700,300,000 won per month.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A statement certification;

1. Application of Acts and subordinate statutes of the same business contract, each business registration certificate, E-order, and each entry and departure transaction record inquiry, e-mail copy, confirmation letter, e-mail copy, letter-post copy, letter of payment, list of shareholders, list of shareholders, and

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (including the cases) and the reason for sentencing selection of imprisonment with prison labor;

1. The basic area (referring to six months to one year) of the sentencing criteria [the scope of the recommended punishment] and the basic area (referring to the period of less than 100 million won) of the general fraud; and

2. In light of the law and circumstances of the crime of this case, the sentence of this case was rendered, and the victim suffered a considerable amount of damage, such as additional property damage in export and import transactions, and the damage has not been completely recovered until several years have passed, and the defendant has long been punished by a fine for the same kind of crime, but has not yet been suspended.

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