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(영문) 수원지방법원 안양지원 2018.10.23 2017고단2532
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Defendant,

A. On June 10, 2015, the Seoul Office of the Seoul branch office of the FG Corporation operated by the victim E in Ansan-gu, Seoul, the Seoul branch office of the Seoul branch office of the FG Corporation, would allow the victim to be selected as the recipient company, although there is no intention or ability to select the recipient company of the Incheon GG Corporation.

The end of that month shall be falsified by acquiring 500,000 won from the damaged person as business expenses on the 24th of the same month;

B. On November 27, 27 of the same year, there is no intention or ability to select an entity that can receive orders from the Gyeong-dong apartment telecommunications construction, thus allowing the above victim to be selected as the receiving entity.

A false statement, he/she shall obtain 500,000 won from the injured person for operating expenses at that time, and shall obtain 5 million won as business expenses;

C. Around December 3 of the same year, there is no intention or ability to select a main company of hotel H H H H T Telecommunication in the Seoul branch office of the above victim, thus allowing the victim to be selected as the main company.

A false statement shall be obtained from the injured person to obtain 30 million won as operating expenses at that time from the injured person, and shall be acquired through fraud;

D. On December 22 of the same year, even if a person borrows money from the above victim, the victim does not have the intent or ability to repay the money, and the victim is urgently required to use the money.

A loan of KRW 500,000 shall be repaid five days after the date of loan.

“Falsely speaking,” the victim received KRW 5,500,00 from the injured party as the borrowed money at that time, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The scope of the recommended punishment on the sentencing guidelines: one month to one year [the scope of the recommended punishment] of imprisonment for one month (the scope of the recommended punishment] general fraud (the amount less than 100 million won) and the mitigation area (one month to one year) [the person who has been specially mitigated], or a considerable portion of punishment.

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