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(영문) 인천지방법원 2016.01.27 2015고단5556
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 27, 2014, the Defendant called the victim D at the Defendant’s house located in Seoul building C, 103 Dong 4102, Nam-gu, Incheon, and called the victim D on February 27, 2014, and “The cash for the Defendant to purchase the goods is urgently required to make profits from the iron to be raised by the owner of the ship. The Defendant received the entire security documents from the owner of the ship, and the Defendant would make a full payment in lieu of KRW 230,000,000,000,000,000,000,000,000,000,000 won, and the interest shall be used and returned at 10% per month.

“Along with the receipt of KRW 3.6 million from the injured party’s wife E account to the Defendant’s wife E account, the sum of KRW 16,610,000,000,000,000 from that time, from April 15, 2014, as shown in the list of crimes in the attached Table, was received five times.

However, the defendant was living in the above apartment site on the condition of KRW 30 million, monthly and KRW 700,000,000, and there was no security document for times from the owners. The defendant planned to use the money in this case for the repayment of the debt such as the money due to the crypted price to F, etc., and then did not have any plan to lend the money to the owner, the defendant acquired the money from the damaged party.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecution against the F;

1. Each petition of D, G, H, and I;

1. Application of Acts and subordinate statutes to a complaint, a detailed statement of passbook A, and a statement of accounts of agricultural cooperatives;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The scope of the recommended sentence on the sentencing guidelines [the scope of the recommended sentence] the basic area (one year to four years) (one hundred and forty years) of the recommended sentence (the amount of punishment shall be not less than 100 million won, and less than 500 million won) of the general fraud;

2. The sentence decision defendant recognized the crime of this case and partly repaid the amount of money obtained by deception.

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