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(영문) 서울북부지방법원 2018.12.13 2018고단3738
사기
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 8, 2013, the Defendant operated the funds of KRW 300 billion which are bound by underground economic fund to the victim C at the office of the Disabled Association of Seocho-gu Seoul, Seocho-gu, Seoul.

If a large amount of 100 million won is invested at the bank expense required for learning, 10 billion won will be paid within one week for the purpose of welfare project operation funds, including principal.

“.......”

However, in fact, the defendant did not operate the 300 billion won underground economic fund, and even if he received the expense from the injured party, he did not have any intention or ability to provide the victim with the funds for welfare project operation.

The Defendant: (a) by deceiving the victim as above; (b) obtained a delivery of KRW 100 million in total from the victim of the check to the victim’s own right of KRW 50 million; (c) KRW 2,10 million in front of the check to the victim’s own right of KRW 100 million; and (d) from around that time to March 1, 2013, the Defendant acquired a total of KRW 357,000,000 in total on five occasions, as indicated in the list of crimes in the attached Table, from around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement by each prosecutor with respect to C;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud, where the basic area (one year to four years) (one hundred million won or more, or less, and less than five hundred million won) (a person subject to special sentencing) causes serious damage to the victim, no penalty is imposed;

2. The amount of fraud by fraud of the principal decision of the sentence is large to KRW 357 million, and the victim suffers serious damage.

However, the victim does not want the punishment of the defendant, and the defendant has not acquired a substantial part of the criminal proceeds.

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