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(영문) 서울동부지방법원 2020.03.02 2019고단1958
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 2018, the Defendant received the premium from introducing “Libab to transport the gold bullion purchased from Hong Kong from the Incheon State’s supply at the Incheon State,” and performed the foregoing day.

On June 16, 2018, the Defendant introduced the aforesaid part-time transportation again from Mabna, and caused three persons in charge of transportation, including C and Defendant, who purchased gold bars from Hong Kong, and brought them out of the territory of the Jung-gu Incheon on June 13:30, 2018. On June 16, 2018, the Defendant committed a false act, as the Defendant promised in advance, to carry out gold transportation to the Japanese Mabna, as agreed in advance with Mabna, the Defendant carried out gold transportation to the Japanese Mabna.

However, in fact, the defendant was expected to flee with the gold leader after receiving the gold leader and arriving at the airport of the Macoka in Japan.

At around 16:00 on June 16, 2018, the Defendant deceptioned the above C and D, and, at around 16:00 on June 16, 2018, she escaped with four gold bars ($ 18,000,000,000,000 ($ 327,869 per unit) purchased from Hong Kong, by jointly investing the victim E, the victim F, and the victim G in a toilet located in the said exempted zone. At around 16:30 on June 16, 2018, the Defendant was issued a total of KRW 17,000,000 ($ 327,869 per unit), and she went back to her as it was, after having arrived at the Japanese Airport on June 16, 2018.

Summary of Evidence

1. Each legal statement of witness E, L, D, C, F, M and G;

1. Each police statement of E, F, D, and C;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of the current status of entry or departure by individual toM, N,O, E, L, or C, and submission of official questions submitted by P from a stock company;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be limited to fraudulent offenses.

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