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(영문) 서울북부지방법원 2016.01.21 2014고단3475
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who has operated a street store selling fireworks in Jongno-gu Seoul Metropolitan Government.

The defendant around August 18, 201, in a restaurant operated by the victim C in Jongno-gu Seoul Metropolitan Government around August 18, 201, he/she shall sell the flowers to the flame wholesaler to the victim, and he/she shall complete the payment immediately if he/she lends money with a shortage of flowers value.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, the defendant did not have any property at the time and was not able to receive a loan from a bank, etc., so even if he borrowed money from the injured party, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim as such, received KRW 1,00,000 from the victim to the national bank account under the name of the Defendant for the same day as the loan money, and was expected to receive KRW 30,000,000 from July 3, 2012 until July 3, 2012, the Defendant would immediately obtain the loan.

“Along with the same method,” the victim was accused of the victim in the same manner repeatedly, and the victim was remitted or delivered 38,981,000 won in total over 44 times as stated in the list of offenses in the attached Table.

Summary of Evidence

1. Entry of the accused in part of the protocol concerning the examination of the suspect in the first prosecutor's office;

1. To enter the defendant in part of the protocol of interrogation of the suspect to the prosecution two times against the defendant (including the part concerning the statement inC);

1. Part of the statement made by the police at the first and second times with regard to C;

1. C’s statement of the main text of the complaint;

1. Details of transactions on the forward exchange network, personal financial transactions, receipts;

1. Application of Acts and subordinate statutes 2013 Ghana 30073

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general fraud [the scope of the recommended punishment] is the basic area (one hundred million won or less) (one to one year and six months) [the person who is subject to special sentencing].

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