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(영문) 인천지방법원 2021.01.20 2020고단8227
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On January 12, 2018, the Defendant would make a transfer to the victim C from the 1st hotel of Jung-gu Incheon Metropolitan City on January 12, 2018 to the account designated within the limit of KRW 100 million.

“A false representation was made.”

However, in fact, the defendant did not think that he would receive money from the injured party for the purpose of money exchange, but did not have the intent or ability to exchange money to the injured party for the money for the money for the money for the money for the money for the money for the money for the money for the money for the money for the money for the money for the money for the money for the money for the money for the money for the money of the injured party.

Nevertheless, the defendant deceivings the victim as above and was under the pretext of exchanging KRW 100 million to the bank account (E) in the name of the Korea Bank in the same day from the victim.

2. Any foreigner violating the Immigration Control Act may sojourn in the Republic of Korea within the sojourn status and period.

On July 19, 2017, the Defendant entered the Republic of Korea with the status of stay of overseas Koreans (F4) and the period of stay was July 19, 2019, but was exceeded the scope of the period of stay, and stayed in the Republic of Korea until June 10, 2020.

Summary of Evidence

1. Application of Acts and subordinate statutes to Defendant 1’s legal statement F, police’s written confirmation of transactions, and investigation report on each written statement of transactions to Defendant C (or reply from Seoul Southern Immigration Office to the accusation of the suspect against the violation of the Immigration Control Act)

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act concerning the crime, Article 94 subparagraph 7 of the Immigration Control Act, and Article 17 (1) of the Immigration Control Act, the selection of imprisonment (amount damaged, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the victim does not want the punishment of the defendant, and considering the circumstances in which the defendant has no record of violating the Immigration Control Act

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