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(영문) 서울중앙지방법원 2016.04.27 2015고단5214
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 25, 2014, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Seoul Central District Court, and the said judgment became final and conclusive on April 29, 2014.

On July 2009, the Defendant paid USD 50,000 to the victim D, “Indonesia 100,000 in order to import alkn alkn alkn alkn alkn alkn alkn alkn alkn, and there is a lack of KRW 100,000.

The balance may be immediately brought into the Republic of Korea and sold to the Republic of Korea. On August 25, 2009, the principal and the profit amount of KRW 40 million will be refunded until August 25, 2009.

“The phrase “ was false.”

However, there was no fact that the down payment of USD 50,000 was paid to Vietnam Company, and there was no fact that the contract was entered into with Vietnam to receive a new contract, and there was no intention or ability to pay the principal by importing and selling the said new contract even if it was paid by the injured party, since there was a failure to settle the debt of KRW 200,000,000 borrowed from E under the name of the import clothing price around August 2007, and KRW 70,000,000,000,000, which was borrowed from F under the name of the age-based new contract price around April 2009.

On August 4, 2009, the Defendant, by deceiving the victim, received KRW 100 million from the victim, to the corporate bank account in the name of the Defendant on or around August 4, 2009.

Summary of Evidence

1. Legal statement of the witness D;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Statement made by the prosecution with regard to G;

1. Statement of performance and import investment contract;

1. Previous convictions in judgment: Investigation report (Confirmation of a criminal suspect A's final judgment in fraud), each judgment (No. 40 No. 5 of evidence list), and the application of summary information-related Acts and subordinate statutes;

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

1. The latter part of Article 37 of the Criminal Procedure Act provides, however, that the sentencing of Article 39(1) is based on the following circumstances: the Defendant’s age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime.

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