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(영문) 청주지방법원 영동지원 2018.05.24 2017고단40
사기
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

The Defendant, at around 10:00 on February 21, 2016, made a marriage-related document by promising the victim C to enter into marriage with the victim through the contact at the International Marriage Office in Vietnam, “B” located at the phone of Vietnam, and then, made a marriage-related document on the 22th day of the following month.

However, in fact, the defendant thought to pay money by leaving the Republic of Korea after entering the Republic of Korea through international marriage with the above victim, but did not intend to live with the victim in Korea.

On February 24, 2016, the Defendant received USD 200 from the injured party under the pretext of taking lessons in cash and Korean language and received USD 2,300 from the time to October 6, 2016, including the transfer of USD 2,30,00,000 in total, which was transferred at least nine times from the time, as shown in the list of crimes in the attached Table, and received KRW 3,200 in total.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Each police statement made to C, D, and E;

1. Application of Acts and subordinate statutes in all of the overseas travel contract, transfer contract, etc., written agreement on marriage, remittance statement, verification of the entry into or departure from the Republic of Korea, verification of the fact of alien registration, remittance statement and telephone statement, response to each permitted matters, foreigner registration slip, personal immigration status, photograph, and marriage report;

1. Article 347 (1) of the Criminal Act, the grounds for sentencing of sentence of imprisonment, inclusive, with respect to the relevant Article of the Act and the choice of punishment for the crime;

1. Reduction elements of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the type of determination] [the amount of punishment shall be less than KRW 100 million] of the type 1 (the amount of special sentencing factors] of the general fraud: Where the person intentionally commits the act of deception or the degree of deception is weak [the area of recommendation and sentence] mitigation area, imprisonment with labor for not more than one year;

2. Determination of sentence (unfavorable circumstances) of the instant crime refers to the amount of money that the Defendant would have inflicted on the injured party under the pretext of international marriage.

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