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(영문) 부산지방법원 2019.02.01 2018고단4761

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 becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2018, the Defendant sent a false statement to the victim C by accessing the Internet site B at the Busan Fransh-gu, Busan, and by communicating the victim C with the victim C.

However, the defendant did not have actual goods, and he did not have any intent or ability to deliver the goods, as he/she thought that he/she would be able to receive money from the victim.

As such, the Defendant, by deceiving the victim C and receiving KRW 400,00 from the victim C to the bank account under the name of the Defendant, was transferred from July 27, 2018 to July 27, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The respective statements of C, E, F, G, H, I, K, K, L, M, M, N, P, Q, R, S, T, U, V, X, Y, Z, AAB, AC, AD, AD, and AE;

1. Application of Acts and subordinate statutes on transfer;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendation types according to the sentencing criteria [the scope of recommendation types] general fraud types 1 (less than 100 million won) and basic areas (not less than six months to one year and six months) (no special person);

2. Circumstances unfavorable to a decision of sentence: The circumstances that are favorable to the fact that a number of victims have committed several times: it reflects the fact that there is no power to criminal punishment, the fact that some victims have repaid the money by defraudation and thereby the damage has been partly recovered, taking into account all the conditions of sentencing, such as the age, character and conduct, environment, motive, means, results, etc. of the crime,