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(영문) 서울북부지방법원 2015.01.29 2014고단3399
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On August 2012, the Defendant made a false statement to the effect that “The Defendant would supply USD 115,500 to the Defendant, at a Chinese factory producing chroman chromanrat chromans and chromans chromans chromans, which was engaged in flat trade in Jung-gu Seoul, to the Victim E, with the same chromans hroman as the froman’s croman, and supply USD 2,200 to the Defendant’s price, up to December 5, 2012.”

However, the defendant did not have been engaged in usual transactions with the factory that produces chromosomes chromosomes in China, and the factory that produces chromosome gros gros gros gros gros gross gros gros gros gros gros gros gros gros gros gros gros gros gros gros gros gros gros gros gros

As such, the Defendant, by deceiving the victim, received from the victim as a check, KRW 30 million on September 21, 2012 as a national bank account under the name of the Defendant, KRW 20 million on November 30, 2012, and KRW 65 million on December 7, 2012 as a corporate bank account under the name of the Defendant, and received KRW 135 million on September 27, 2012 from the victim as a check, and acquired it by remitting or receiving KRW 135 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written confirmations of F and G;

1. Application of Acts and subordinate statutes to the receipts (e-mail), the details of each passbook, and the statement of import declaration;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. A suspended sentence of Article 62(1) of the Criminal Act has the same kind of crime for the reason of sentencing, and the amount of damage is reasonable, but the victim is KRW 90 million.

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