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(영문) 인천지방법원 2020.09.10 2019고단9124
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] On July 26, 2019, the Defendant was sentenced to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the Seoul Eastern District Court for four months and one year of suspended execution for the same year.

8.3 The judgment became final and conclusive.

【Criminal Facts】

On April 2018, the Defendant made a false statement to the victim B, who is engaged in the business of manufacturing new products, such as sports paintings, that “I would pay the price of the new product to the owner of the new product without molding it, and I would enter the home country (State)C and be in charge of the new product department, and as such, I would like to make a promissory note 38.5 million won issued by the Note (State)C as security.”

However, the (State)C is not a company for the purpose of sports sale, and not a company for the purpose of sports sale, as well as the defendant was a person who is not related to the (State)C, and even if a promissory note 38.5 million won is merely a so-called “bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb

9. On the 12th of the same month, 38,500,000 won of the market value, such as 3,023 gymnasium and 675 gymnasium, was corrected ex officio.

The payment was not paid even after he was supplied, and the money was acquired by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each payment note, content certification, each non-electronic bill holding certificate, each transaction list, cans, investigation report on the present status of delivery (No. 16, 17) of the police statement with respect to B;

1. Previous convictions in judgment: The application of Acts and subordinate statutes of criminal records and investigation reports (number 19);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the range of recommendations] [the range of recommendations and the scope of recommendations] shall be the general fraud [the type 1] below 100 million won [the special person] [the scope of recommendations].

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