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(영문) 서울남부지방법원 2015.06.26 2015고단917
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 becomes final and conclusive.

Reasons

Punishment of the crime

Around April 2014, the Defendant: (a) in the Gangseo-gu Seoul Metropolitan Government Office for the Dispute Resolution of the Defendant’s Operation of the Defendant; (b) since the year 2013, the fact was that the sales of the said Association for the Settlement of Disputes was reduced, and the financial rights amounting to at least KRW 80,000,000 and the financial rights amounting to at least KRW 40,000,000,00,000, and even if there is no particular property, even if there is no intention or ability to supply foodstuffs, etc. to the victim C by providing them with food, etc.; (c) by means of fraud, the Defendant: (d) received from the victim the remittance of USD 20,00 ($ 21,40,00,000) as the down payment on the 15th of the same month; (d) received the money from the victim, and (e) remitted it to USD 936,006,000,00.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. A statement of transactions of entry into and withdrawal from the account;

1. Purchase and sale price of the business plan for the settlement of disputes (from 2012 to 2014);

1. Financial statements for the bankruptcy plan;

1. The application of the 2014 Notarial Acts and subordinate statutes;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for the Dismissal of Application for Compensation Order [Scope of Recommendation] There is no basic area (6 months to one year and six months) of types 1 (less than KRW 100 million) [decision of sentence] [decision of sentence] Defendant has no particular criminal history other than sentenced to a fine several times before 200, but has no specific criminal history, depth of and reflects the crime; Defendant has been dissatched and reflected in the crime; Defendant notified the victim of his decision to repay the full amount within two years in the future; Defendant transferred the small amount of money to a financial account; Defendant must support his/her married with the certificate of merger of urology; and other reasons.

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