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(영문) 서울남부지방법원 2020.02.19 2019고단5039
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around May 2016, the Defendant, by telephone, told C, working for the Victim B Broadcasting in the United States Luxembourg Ageles, that “In the latter part of the year of 2016, the Defendant would be forced to go outside the Republic of Korea so that Enter D may hold a public performance in the United States. D may first give a public performance at the end of the year of the call. The total amount is US$ 45,000, and the performance fee is changed first.”

However, the defendant did not receive a definite answer from D or conclude a contract related to D's performance, and he thought that he will receive money from the victim company to use it for personal living expenses, etc., so even if he received money from the victim company, he did not have the intent or ability to interfere with D's performance for the victim company.

Nevertheless, the defendant deceiving the victim as such, and the defendant's act constitutes USD 10,000 on June 17, 2016 and the same year.

7. Upon receiving USD 5,000 on March 22, 201, and USD 10,000 on March 22, 2017, from the Defendant’s new bank account (E) in the name of the Defendant, and being transferred USD 5,000 on July 22, 2016 to the Defendant’s new bank account in the name of F, his/her father-child.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each remittance certificate;

1. Application of Acts and subordinate statutes to investigation report (D brancher H telephone statement hearing);

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (the determination of types) and the scope of recommendations [the types of fraudulent crimes] under the general fraud [the type 1] below the amount of 100 million won (the special person]: Reduction area of penalties (the scope of recommendations and recommendations), mitigation area of punishment [the scope of recommendations and recommendations], and one month through one year;

3. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for the crime of this case for two years, the defendant was sexually and externally involved in the performance of an artist.

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