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(영문) 인천지방법원 2018.12.06 2018고단6500
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who has served as an employee in Free Trade Zone B, a fishery products distributor.

1. On June 8, 2017, the Defendant was transferred KRW 6,25,00 to the Defendant’s G bank account on the same day from the victim’s reliance on the D office located in Seo-gu, Seo-gu, Seocheon-gu, Seoul, to the victim E, “The Defendant purchased 1,200 freezing 1,200 fresh oil storage in the FF’s freezing warehouse in Busan, and the purchase of fresh to the extent that the price would rise.”

However, as the Defendant requires money to pay his/her personal debt without the intent or ability to purchase the freezing spawn, he/she defrauded the said money by deceiving the victim as above.

2. On June 27, 2017, the Defendant, at the same place, sent KRW 36,660,000 to the Defendant’s G bank account on the same day from the person who believed that he/she purchased 400 freezings at the FF’s freezing storage in Busan, and then purchased 400 freezings for the first year.”

However, as the Defendant requires money to pay his/her personal debt without the intent or ability to purchase the freezing spawn, he/she defrauded the said money by deceiving the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of two Acts and subordinate statutes to the details of remittance to complainants and the statement of passbooks;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (the period from six months to one year) of the types of general fraud; and

2. The decision of sentence is likely to recover some damage as a result of the process of auction on real estate provided as security by the defendant when committing a crime.

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