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(영문) 서울중앙지방법원 2018.10.16 2018고단4479
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 18, 2014, the Defendant was sentenced to ten months of imprisonment for fraud in the Gangnam Branch Branch of the Chuncheon District Court on February 27, 2015 and the parole period expired on April 16, 2015.

The Defendant, around July 14, 2016, operated a limited company F in Seoul, Gangnam-gu and 409, E office for the victim’s D management located in Gangnam-gu, Seoul, and 409, with the victim “a limited company that sells the ecology in Russian Bladi Stockholm.”

The ecological system will be supplied to the Republic of Korea if you want to do so.

To do so, it is necessary to US$50,00 as a deposit for contract execution.

The phrase “ makes a false statement.”

However, in fact, the limited liability company F, a Russia corporation, is a company that has no record of supplying fishery products, and the defendant has an intention to receive money from the injured party to use considerable parts for personal purposes, and there was no intention or ability to supply ecology to the injured party.

The defendant deceivings the victim as above and was transferred USD 50,00 to the account of Russia SBER bank around July 26, 2016 under the name of the deposit money for performing the contract from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. A protocol prepared by the prosecution against the accused in relation to the interrogation of the suspect (excluding the part concerning I statement in the third examination of the suspect);

1. Statement made by the police with H;

1. Inquiries about certificates, sales contracts, and transaction details;

1. Character messages;

1. A purchase contract for air conditioners and a certificate of cash storage;

1. Previous convictions: Application of inquiries about criminal history, text of 2014 highest 210 highest 2014 highest , text of 14 old 286 highest 14 old 286, and statutes on the status of confinement;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

2. Judgment on the assertion of the defendant and his/her defense counsel under Article 35 of the Criminal Act for aggravated repeated crimes (the grounds for conviction)

1. The Defendant entered into a contract with the victim for the purchase and sale of Russian fishery products, and received USD 50,000 as a deposit for the performance of the contract.

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