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(영문) 의정부지방법원 2014.03.31 2013고단3556
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 3, 2012, the Defendant stated that “D” offices in Dongdaemun-gu Seoul Metropolitan Government’s “D” offices in the Defendant’s operation of Dongdaemun-gu Seoul Metropolitan Government, that “The number of reservations to raise marriage in D is currently 30 cases.” As such, 100 cases during one year during the term of the contract would be difficult. The right to photographs is KRW 45 million, and the right to photograph videos is KRW 5 million, and the deposit is KRW 5 million, so the right to photograph videos is concluded.”

However, in fact, D only 12 cases of marriage reservation, among which seven cases were the parties could not be taken by the victims by making a shooting agreement with the foreign company, and the defendant did not notify the victims of this fact even though he did not have the ability to continue to operate the SP for one year, the contract term of the contract, as he did not have been well operated at the time.

As such, the Defendant, by deceiving the victims, entered into a contract with the victim E to have a photographing right, and entered into a contract on June 3, 2012 as a security deposit, and the same month.

8. The victim’s KRW 40 million was transferred from the victim E to the national bank account (G) in the name of the Defendant, and the victim F to enter into a video photographing agreement with the Defendant, and received on June 4, 2012 from the victim F to the said national bank account.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Investigation report (the filmer H and telephone conversations);

1. Application of statutes governing details of financial transactions and details of transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (the fraud point and the choice of imprisonment with prison labor);

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [decision of types] shall be less than KRW 100 million in the general fraud [decision of the recommended area] basic area [the scope of recommendations] from June to 1 year and six months [the general sentencing factors] mitigation factors: criminal punishment.

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