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(영문) 춘천지방법원 2018.02.08 2017고단1138
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 29, 2015, the Defendant made a false statement to the victim E, etc., the representative of the friendship group of 14 members, stating that “If the Defendant pays KRW 32,220,000 to the victim E, etc., a group of friendship group of 14 members, he/she will make a trip to the head of Australia and New Zealand as of May 29, 2017, starting from May 29, 2017.”

However, the defendant was required to use money for living expenses, office operating expenses, etc., so even if he received money from the injured party, he did not have an intention or ability to travel to 14 persons of friendship group.

As such, the Defendant: (a) by deceiving the victim; (b) received from the victim on July 5, 2016, KRW 14 million; (c) KRW 8 million on January 19, 2017; (d) KRW 2 million on February 10, 2017; (c) KRW 3 million on May 2, 2017; and (d) received KRW 3 million on May 16, 2017 from the Agricultural Cooperative Deposit Account in the name of the Defendant; and (e) received KRW 2.2 million on a total six occasions, including receiving KRW 2.2 million in cash around January 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the accusation, a detailed statement of transactions, a criminal investigation report (Submission of additional data by the complainant), a certificate of cash custody, a travel plan, publicity materials and a criminal investigation report sent by the criminal suspect to the complainant;

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 (from June to June) of the sentencing criteria [the scope of the recommended punishment] the basic area (from June to June) of the types of general fraud; and

2. The amount of defraudation of the sentence is KRW 32,200,000, and the defendant has already been sentenced to a suspended sentence of two years in the court on February 17, 2011 due to fraud of the same law, and the fact that the defendant committed the crime in this case again even though he had been sentenced to a suspended sentence of two years in the same court on February 17, 201, and that

Provided, That the fact that the defendant recognizes the crime, the circumstances where the defendant expresses his/her specific intent to recover damage shall be considered, and the character, conduct and behavior of the defendant.

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