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(영문) 부산지방법원 2018.07.17 2018고단935

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 26, 2014, the defendant sent KRW 50,00 to the victim F, who was known to the normal city, in the street near the defendant's house located in Busan-gu, Busan-gu, and then sent KRW 50,00 to the victim F, who was known to the normal city.

The head of the Tong stated that the head of the Tong would pay back the cash immediately.

However, the Defendant did not have any particular occupation at the time and did not have any intent or ability to repay the debt of several million won due to overdue payment with credit card, etc., even if he borrowed money from the injured party.

As such, the Defendant, by deceiving the victim, received 50,800 won from the victim’s account in the name of G on the same day from the victim, and acquired 46,847,800 won in total over 211 times from that time to July 25, 2017, such as the statement in the list of crimes in the attached crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Application of Acts and subordinate statutes on the details of each note and account transaction;

1. Relevant legal provisions on criminal facts and Article 347(1) of the Criminal Act that did not recover damage for the reason of sentencing (opportune of imprisonment), considering the following factors: (a) the means and method of the instant crime; (b) the period and period of the instant crime; (c) the degree of damage; and (d) the degree of his/her mistake;