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(영문) 서울남부지방법원 2015.06.19 2014고단2249
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 12, 2011, the Defendant stated that “When investing KRW 20 million in the five-story office of Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant sent 1500 persons after two months and sent 250 million won in total sales amount, the Defendant would offer 20 million won in total sales amount.”

However, the Defendant was trying to start the above human resource dispatch business at the time, and there was no intention or ability to pay the above money even if the Defendant received the above money from the victim because there was no recruitment of human resources for human resource dispatch business and the security of business partners.

The Defendant, as such, by deceiving the victim, was delivered KRW 10 million on the same day from the victim, and KRW 10 million on May 19, 201.

Summary of Evidence

1. Statement of the police statement regarding C;

1. A plan for the dispatch of human resources of Saudi Arabia;

1. Letter of payment;

1. Details of deposits;

1. Application of Acts and subordinate statutes to investigation reports (to attach details of passbook transactions and deposit certificate);

1. In light of the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the grounds for sentencing choice of imprisonment [the scope of recommendation] general fraud and the basic area (6 months to 100 million won) (6 months to 1 year and 6 months) [the decision of sentence] without any person [the decision of sentence] (the decision of a special person] the defendant again committed the instant crime even though he/she had the record of being sentenced to a punishment for the same kind of crime, and the damage recovery has not been achieved, it is inevitable to

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