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(영문) 서울남부지방법원 2016.07.01 2016고단1283
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, around August 8, 2014, at the “D Authorized Brokerage Office” office for the victim C’s operation located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “D Authorized Brokerage Office”) around August 8, 2014, planned the victim to engage in a business exporting to Japan E by producing a well-known construction decoration with capital of KRW 3 billion.

“.......”

However, the Defendant had already tried to use the money received from the injured party for the purpose of hospital expenses, etc., and had no intention or ability to divide profits into profits of the victim by carrying on the business due to bad credit standing.

Nevertheless, the Defendant, as above, was issued KRW 52,450,00 in total as shown in the crime list from around August 2014 to October 17, 2015, by deceiving the victim and receiving KRW 700,000 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Written complaint filed by C;

1. Investigative reports (former and attachment of the decisions) and respective written judgments;

1. Business contract;

1. A detailed statement of cash payments;

1. A list of transactions, a certificate verifying transaction details, and a list of transactions automatically entering and withdrawing;

1. Application of Acts and subordinate statutes on account transactions;

1. The relevant legal provisions of the criminal facts and the reasons for sentencing under Article 347 (1) of the Criminal Act ( comprehensively referred to as fraud and choice of imprisonment) of the choice of punishment;

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the basic area [the scope of the recommended punishment] of Class 1 (a decision in the sphere of recommendation of less than KRW 100 million] (the scope of the recommended punishment] from June to one year and six months [the general person in charge of sentencing] aggravated factors (the same criminal punishment that does not constitute a repeated offense)

2. Circumstances favorable to the determination of sentence: A reasonable period of time is the defendant has recognized his/her mistake, and there are some circumstances to be taken into account the background leading to the instant crime:

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