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(영문) 서울북부지방법원 2013.09.26 2013고단990
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is a person who has operated a brokerage business related to clothes.

On January 201, the Defendant made a false statement to the effect that “The Defendant would request the victim D to deliver Dorts, Cheongbs, Titts, etc. without mold at the C’s limited office located in the city of widely known China.”

However, in fact, the defendant had a debt of KRW 300 million at the time, and the operating expenses of the company have been spent more than KRW 40,000 per month due to economic depression, so even if he was paid in advance from the victim, he did not have the intent or ability to deliver all the goods promised to the victim.

The Defendant, by deceiving the victim as above, received USD 50,00 from the victim under the name of advance payment from the victim to the Korean bank corporate account operated by the Defendant, and continuously acquired USD 50,000,000 from October 20, 201, USD 50,000 around November 10, 201, USD 50,000, and USD 6,000,000 in total on four occasions around January 9, 201, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the suspect's interrogation records on the accused by the prosecution (including F substitute part);

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the order statement and advance transfer statement;

1. The punishment shall be determined as per the disposition, in consideration of the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act, the reason for sentencing the sentence of imprisonment option reaches USD 2.10,00,000, there is no repayment of damage, and the victim’s carboning the strict punishment.

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