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(영문) 서울남부지방법원 2017.02.02 2015고단5598
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, on January 2008, at D hotel located in Cambodia on January 1, 2008, may later become the largest money when purchasing Cambodia’s stocks to the Victim E.

It is possible to purchase the F Company's shares. 300 million won is paid.

“A false representation was made.”

However, as there is no intention or ability to purchase shares from the injured party or to improve the value of the shares even if the shares are received money from the injured party because the shares listing procedure is in progress or it is expected that it will be carried out immediately in Cambodia at the time.

Ultimately, on January 24, 2008, the Defendant, by deceiving the victim, was transferred KRW 250,000 to the post office account under the name of the Defendant.

Summary of Evidence

1. Each legal statement of witness E, G (part) and H;

1. A statement made to the defendant in the protocol of interrogation of the suspect;

1. Statement made by the prosecution with regard to H;

1. Part concerning E and G statements of the police suspect interrogation protocol against the defendant

1. Purchase cost of old shares (Evidence No. 13), straw (Evidence No. 19), straw (Evidence No. 22); and straw (Evidence No. 22);

1. Application of Acts and subordinate statutes to investigation reports (written statement in the name of the suspect and written confirmation for release from a suspect);

1. Grounds for sentencing under Article 347 (1) of the Criminal Act (Selection of Imprisonment with prison labor) in relation to the facts constituting an offense;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing criteria;

(a) Determinations: [9] Fraud, 01. General Fraud, [Type 2] at least KRW 100 million, but less than KRW 500 million;

B. There is no special sentencing factors or general sentencing factors:

(c) Scope of recommendations: Basic territory, one year to four years; and

3. Determination of sentence: Imprisonment with prison labor for not less than two years (or under unfavorable circumstances) (or by fraud, etc. on April 17, 2002; and on May 13, 2009, there was a history of having been punished by a fine of one million won due to a violation of the Labor Standards Act on May 13, 2009; the victim and the non-agreement (H was under the name of the Defendant or the wife of the Defendant).

Although a contract is prepared to transfer land located in Cambodia to transfer, the damage will be repaid only by the contract.

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