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(영문) 서울남부지방법원 2015.04.24 2015고단602
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who sells a game machine for adults under the trade name of Yeongdeungpo-gu Seoul Metropolitan Government D.

On March 23, 2012, the Defendant issued a false statement to the victim E in the above D office that “The Defendant sold 2,750,000 won per 1,00 won per 1,00 won, including the surcharge for the value-added game machine” to the victim E, and that the Defendant would sell 2,300,000 won per 1,00 won after leaving the benefit.”

However, even if the defendant receives the purchase price for a game machine from the victim, he thought that he will invest in personal debt or other businesses of the person, and there was no intention or ability to sell the game machine normally to the victim.

The Defendant, by deceiving the victim as such, entered into a contract with the content that the victim sells 45 pulse game machines to the victim, and that on the same day with the bank account in the name of F managed by the Defendant from the victim, KRW 20 million;

3.26.Around 26.26.4 million won;

3.27.Written transfer of KRW 30 million from around 27.Written account in the name of G bank in the name of D staff.

3. Around 29.29.1 billion won was remitted as the purchase price for the 45-year game machine with yellow gold 10 million won.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to accusation (including a certificate of transaction verification of telebanks);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Fraud (at least KRW 100 million, but less than KRW 500 million), the mitigation area (from October to February 6) [Special Mitigation], the mitigation area, or the restoration of considerable part of damage [decision of the sentence] as follows. The records and arguments of this case are shown in the following circumstances, the defendant's age, character and behavior, the background of the crime, the degree of damage, the circumstances after the crime, etc.

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