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부산지방법원 2019.09.26 2019고단1885

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 2, 2017, the Defendant stated that “The Defendant purchased and sold a master picture from a gallon located in the U.S. and then sold it again in Korea to the victim B and the victim C at the store of the trade name in Suwon-gu, Busan, Suwon-gu.” The Defendant borrowed money to purchase a master picture from a gallon located in the U.S..., and that “The Defendant would incur profits from at least 1.5 times to up to 3 times as much as the amount of money to purchase the master picture, and would offer a gift to the master.”

However, at the time of fact, the defendant did not have any intention or ability to properly repay the money even if he did not obtain a severe profit by transacting the borrowed money as above and borrowed money from the victims.

Nevertheless, on December 17, 2017, the Defendant, by deceiving the victims as above, received KRW 10 million from the victim B to the Defendant’s single bank account on December 17, 2017, and received KRW 20 million from the victim C to the same account on January 16, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement protocol law to C and B

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months; and

2. Determination of sentence is against the defendant, repayment of KRW 17 million to the victim C is without the same ability to punish the defendant, and other various sentencing conditions shown in the pleadings of this case, including the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as ordered by the text.