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(영문) 서울중앙지방법원 2013.08.09 2013고단581
사기
Text

Defendant

A Imprisonment with prison labor for ten months and for eight months, respectively.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Even if Defendants received money from victims D as investment money to manufacture and sell bags, they did not have the intention or ability to manufacture and sell bags normally.

Nevertheless, on September 201, 201, Defendant A stated that “B operates a household factory, is entitled to receive money from the victim D in wholesale by producing 100 households and 200 households with the producer of the household factory,” and that “B will make an investment if the capital is made. If the profit is not satisfactory, the principal shall be immediately deducted.” At that time, Defendant B, at the same time, led Defendant B to the end of Defendant A, and the horses of Defendant A are believed to be true, thereby deceiving the victim.

The Defendants were transferred from the victims of the aforementioned deceptions KRW 20 million on October 10, 201, and KRW 12 million on October 26, 201 to the national bank account (Account Number G) in the name of F. On November 10, 201, the Defendants were transferred KRW 8 million to the community credit cooperatives account (Account Number H) in the name of Defendant A on November 10, 201.

As a result, the Defendants conspired to deceive the victim, thereby deceiving 40 million won in total.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes to a copy of a financial transaction in the principal and a copy thereof;

1. Articles 347(1) and 30 of the Criminal Act applicable to the facts constituting a crime;

1. Article 62 (1) of the Criminal Act:

1. The reason for sentencing under Article 62-2 of the Social Service Order (the accused) of the Criminal Act [the decision of a sentence] general fraud, type 1 (the amount of less than 100 million won): The mitigated element: [the scope of a sentence of punishment] imprisonment not exceeding one year (the scope of a sentence of punishment] [the decision of a sentence of punishment] has the record of being punished for the same crime, and in particular, Defendant A has paroled after having been sentenced to imprisonment for the same crime.

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