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(영문) 부산지방법원 2013.06.05 2013고단1320
사기
Text

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

Reasons

Punishment of the crime

The defendant is the representative director of the events planning company, which is in Japan, in the ASEAN-gu Seoul.

The Defendant was unable to conduct a public performance by inviting Korean entertainers to Japan, and it was difficult to conduct a business to the extent that the monthly salary of E, which is an employee, could not be properly given. On February 2010, while promoting the Japanese public performance by Korean EnterF, F was subject to fraud from G and the Japanese public performance was no longer made. In particular, on March 11, 2011, it was difficult to repay money to the victims through the public performance project because the event was more difficult to conduct the Japanese public performance project. Since there was no particular property or income, the Defendant did not have any intent or ability to repay money from the victims for the purpose of investment.

On February 2, 2011, the Defendant: (a) made a false statement to the victim J in a coffee shop in Japan, “Korean artist shall be invited to hold a public performance to Japan; (b) one month when investing 2,00,000 UN, and return 3,00,000 UN to 3,000,000,” and (c) received a remittance from the victim after deducting 200,000N for the same day as the first day of the same day.

In addition, the Defendant received from the victims four times during the period from February 201 to August 25, 201, the amount of KRW 6,000,000 (Korean approximately KRW 81,476,310) from the victims, as described in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each police statement by J and K;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Type 1 (less than KRW 100,00): Imprisonment with prison labor for six months - one year and six months;

2. Determination of sentence - Pronouncement of imprisonment - 8 months in favor of him / her: due reflect and due to a fine for one time. L.

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