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(영문) 서울서부지방법원 2016.06.08 2016고단878
사기
Text

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

Reasons

Punishment of the crime

The defendant knew that the victim D, who was aware of the introduction of the branch C, requires a bill for financing, and conspired with the non-titled person of the name "E" to obtain money from the damaged person as a commission for the issuance of the bill.

around 11:00 on March 6, 2015, the Defendant stated that “The Defendant would accept a bill delivery through the bank branch office with well known knowledge that it would bring about KRW 1 billion of the issuance of the multilateral industry” to the victim at the mutual infinite coffee shop in front of the five subway stations in Mapo-gu Seoul, Mapo-gu, Seoul. The Defendant provided that “The Defendant would well know the company of multi-company industry,” and that “The amount of KRW 20 million would be KRW 1 billion of the issuance of the multi-company industry.”

However, even if the defendant receives money from the injured party, the defendant did not have the intent or ability to give the injured party a bill or discount the bill.

Nevertheless, on March 10, 2015, the Defendant received 100,000 won check from the victim in front of the sending region No. 5 in the Mapo-gu Seoul subway F. from the victim, as above, in the G coffee shop, the Defendant received 10,000 won check from the victim in front of the sending region No. 5 in Seoul Mapo-gu, Seoul, and received 10,000 won check in front of the sending region No. 8 of Mapo-gu, Seoul, Seoul, on March 12, 2015, in the H coffee shop, the Defendant acquired 10,000 won check from the victim in front of the sending region.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the grounds for sentencing of sentence of imprisonment [the scope of recommendation] [the grounds for sentencing of sentence] general fraud [the grounds for sentencing of sentence]] [the judgment of sentence] is a crime during the period of suspended execution due to a crime committed by the same type [the judgment of sentence], the damage has not been recovered, the amount of damage has not been recovered, etc., and the sentence is ordered as set forth in the Disposition.

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