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(영문) 서울동부지방법원 2014.02.11 2013고합349
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around February 5, 2013, the Defendant: (a) knew that the victim E’s children F and his daughters are studying in Canada and that the non-natural burial should be made due to the expiration of the visa, the Defendant told the victim to the effect that “I would like to pay the deposit to the Canadian immigration country through the guarantor because I would not have any permanent sovereignty and credit; (b) the appointment of an international attorney-at-law would not be able to know about the progress of the non-natural burial.”

However, the defendant was aware that the deposit is not required for the non-natural burial in Canada, and as the defendant tried to use the money received from the victim for gambling in casino, there was no intention or ability to use the money received from the victim for the extension of F and G visa.

As such, the Defendant, by deceiving the victim, received KRW 35 million from the victim to the corporate bank account under the name of the Defendant on the same day, and acquired it by fraud, and received KRW 625,55,151 in total on 37 occasions from February 9, 2012 to October 10, 2013, as shown in the attached crime list, and acquired them.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning E and F;

1. G statements;

1. Application of Acts and subordinate statutes on the failure to pay school fees to the head of a complaint, each additional complaint, family relation certificate, receipt of deposit in Canadian bank and copy of passbook, each e-mail, passing notice, response to H University, reference materials (personal phone text), copies of each check, inquiry into school expenses payment, details of account transaction at the International Universities and Colleges, J-I.D. status of withdrawal from the account, investigation report (Attachment to the contents of the Kakakao Stockholm dialogue), meeting of transaction information, investigation report (Attachment to the base rate for transaction by the date and time of crimes in Canada), details of withdrawal of deposits in Canadian bank account in G, F and G, and the amount of year 2012

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act for the crime;

1. Discretionary mitigation Criminal Act;

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