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(영문) 서울남부지방법원 2018.04.13 2017고단992
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 17, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Central District Court, and the judgment was finalized on February 18, 2016.

On October 20, 2013, at the defendant's office located in the 10th floor of Guro-gu Seoul Metropolitan Government building B, the defendant made a false statement to the victim C, stating, "The defendant would divide profits from importing the scam, scam, scam, and scam in Russia into profit by importing the fishery products from Russia within one month when investing money."

However, in fact, the defendant did not have a plan to conduct business related to the import of fishery products, was thought to use it as expenses for other businesses, such as construction of highways in Russia, and did not have the ability to return the principal within one month.

On November 15, 2013, the Defendant, by deceiving the victim as such, received money from the victim to the bank account in the name of D as investment money and acquired money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Previous records: The results of inquiry and the application of Acts and subordinate statutes reporting to prosecution;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of the instant crime takes into account the number, content and frequency of the instant crime, the criminal records of the Defendant, etc. However, considering the following factors: (a) the Defendant’s mistake is against the victim; (b) the agreement is given with the victim; (c) the equity in the case where the final and conclusive judgment and the instant crime are adjudicated simultaneously; and (d) other factors such as the Defendant’s age, sex behavior, environment, family relationship, circumstances after the commission of the crime, and circumstances after the commission of the crime, etc., the sentence

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